The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1110 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 May 2023
Bill Kidd
Thank you. I have a further question on the back of what Mhairi Maguire said. She has a legal background, but some trusts might not have people in the same position. Could it be written into the bill that access to doctors, psychologists and mental health officers would be a good thing, so as to give confidence to people who are in such positions?
Would anyone like to comment?
Education, Children and Young People Committee
Meeting date: 17 May 2023
Bill Kidd
Okay. Thank you.
Education, Children and Young People Committee
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
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
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
Meeting date: 17 May 2023
Bill Kidd
Right. Are you going to meet Unison and the other unions?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Bill Kidd
Thank you. Sorry for throwing that at you, Laura.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Bill Kidd
Thank you.
Delegated Powers and Law Reform Committee
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
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?