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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 26 June 2025
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Displaying 908 contributions

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Education, Children and Young People Committee

Universities and Colleges Funding 2023-24

Meeting date: 17 May 2023

Bill Kidd

Minister, you have slightly pre-empted what I was going to ask about, but I have a couple of questions, which I will put together to see what we can get back.

You say that you have had meetings with the FE and HE sectors following the announcement. I have two questions about that: what particular concerns were raised, and are you aware of specific colleges and universities that now need financial assistance as a result of the decision?

Education, Children and Young People Committee

Universities and Colleges Funding 2023-24

Meeting date: 17 May 2023

Bill Kidd

I can understand that that is the case, but the £26 million loss will impact further on that—at least I presume that it will. That is basically the worry. Did you say that you are going to meet the unions?

Education, Children and Young People Committee

Universities and Colleges Funding 2023-24

Meeting date: 17 May 2023

Bill Kidd

We have been informed by Unison, as well as by some people who attend or work in City of Glasgow College, that there will be job losses through compulsory redundancies and a lack of capability to agree voluntary severance payments. People are in danger of losing their jobs—indeed, they have been told that they are going to lose their jobs—and that was on the cards even before the cut in money. Have you not heard anything about that? I think that you will be hearing about it very soon.

Education, Children and Young People Committee

Universities and Colleges Funding 2023-24

Meeting date: 17 May 2023

Bill Kidd

Right. Are you going to meet Unison and the other unions?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

Good morning, everyone. I will ask about sections 25 and 26.

Section 25 requires trustees to tell a beneficiary that they are a beneficiary and to give them all the trustees’ names and correspondence details. That is mandatory for certain types of beneficiary. For potential beneficiaries, trustees have some discretion in what information is provided under section 25.

Section 26 is about what information must be made available to beneficiaries and potential beneficiaries, but a trust deed can override that section, although a court can later review the reasonableness of that override.

There is quite a bit of to-ing and fro-ing there, to make a point on what I have said. Various respondents to the committee’s call for views have said that the trustees’ duty to provide information to beneficiaries and potential beneficiaries under sections 25 and 26 is too onerous—they have to take into account too many elements. Do you have concerns about that? If you do, how would you amend the sections to address them?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

Thank you. Sorry for throwing that at you, Laura.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

That makes sense.

I note that a trust deed can, in fact, override section 26, but a court can then later review the reasonableness of that override. I suppose that it would tend to look into whether people are behaving unreasonably towards the beneficiary.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

That makes sense. I think that that answer covered just about everything.

Section 49(3)(a) is about domicile. Professor Paisley from the University of Aberdeen has a few issues with it and told us that it would be harder to get information about who controls land and property if the trust were later to be treated as being resident overseas.

In its written submission to the committee, the Law Society of Scotland did not comment on the policy that underpins section 49. However, it did say that it thinks that the drafting of the domicile subsection is unclear in terms of its scope. The Law Society also said that the scope of the separate power of the protector to “determine” the trust’s “administrative centre” is unclear.

Do you agree with the academics’ interpretation of section 49 and do you have views on whether protectors should have the power to look at overseas domicile for trusts in order to challenge issues?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Bill Kidd

Following on the back of that, I will ask about the position on section 61—the alteration of trust purposes—when it comes to family trusts. Section 61 gives a power to the beneficiaries and others to apply to the court to alter the trust purposes of a family trust, and sets out the default position that the power cannot be used for 25 years.

You might have heard the previous panel speak somewhat about that. Given that the views on the 25-year restriction have been mixed, as I said, and that it is a default power only, are you satisfied that retaining the 25-year restriction in the bill is the right policy decision?