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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 16 May 2025
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Displaying 2097 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I mean in general. Last week, the Parliament passed the Moveable Transactions (Scotland) Bill, and the section 104 order was one of the outstanding issues with the bill—it certainly was at the beginning of the bill process, but the section 104 issue has arisen again.

I suspect that as more Scottish Law Commission bills are introduced—and potentially other legislation—the section 104 order might become more of an issue. If a protocol of some kind was put together, would that help with the advancement of legislation?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

On that point, I note that, in your submission, you state:

“A full codification would have stretched the SLC’s resources and would have considerably delayed the completion of the project. From a practical point of view the SLC had to stop somewhere. Passing the existing bill would not preclude the possibility of further measures at some time in the future.”

Is what is proposed in the bill, notwithstanding the comments that have been made today, a useful starting point to update the law on succession to help with the flow of activity?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

An issue has been raised in relation to the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2023, which amends existing legislation to grant immunities and privileges, insofar as they are within devolved competence, to certain persons working with the International Criminal Police Organization, Interpol.

The order states that the term “Member Country” has the meaning that it has in the constitution of Interpol. However, the term does not appear in Interpol’s constitution, although it appears in the agreement between the UK and Interpol, which is referred to in the order. When asked about that, the Scottish Government responded that the term “Member Country” has been used for consistency with the terms of the agreement and that the term has evolved into general use.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h) because the meaning of the term “Member Country” could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Before we close, does anyone have any final points to highlight?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

The committee genuinely appreciates the work of both the Scottish and UK Governments on moveable transactions and also with regard to the section 104 order, because a lot of work has taken place on that.

That was not a trick question, and it was not a constitutional question; it was just to see whether there was a smoother way.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Thank you. Going back to the issue of moving domicile, would that be an issue with regard to this, in terms of the 25 years?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

No points have been raised on the regulations. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 9 May 2023

Stuart McMillan

Under agenda item 4, we are considering an instrument that is subject to the negative procedure.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Our next agenda item is to take evidence on the Trusts and Succession (Scotland) Bill. I welcome Yvonne Evans, a senior lecturer in law at the University of Dundee; Professor George Gretton, the emeritus Lord President Reid professor of law at the University of Edinburgh; and Professor Roderick Paisley, the chair of Scots law at the University of Aberdeen.

I note that Mercedes Villalba is joining us online today. I remind all attendees not to worry about turning on their microphones during the session, as those are controlled by broadcasting. Anyone who would like to come in on any question should raise their hand, catch my eye or indicate that to the clerks. Any witness who cannot answer a question should feel free to follow up in writing or to indicate that the question is not for them to respond to.

I will open the questioning for the committee. Will you confirm whether you support the general principles of the bill? If so, what do you see as being the key strengths of the bill? We will go into more specific areas of the bill as we progress through the session.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

On that point, I know that the Scottish Government was keen to explore the extent to which that problem might arise in practice. That is touched on in the policy memorandum. Are sufficient legal safeguards already in place to protect beneficiaries who are under the age of 16?

10:45