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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 4 May 2021
  6. Current session: 13 May 2021 to 12 October 2025
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Displaying 504 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The policy concern stems partly from the fact that lots of people who interact with trusts might not be familiar with the law and court proceedings. I guess that the point is that, if someone was looking at taking on responsibilities for a small charitable trust or interacting with a trust of relatively modest size, the fact that they might become personally liable could put them off.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

I will ask a final question about something that I have thought of as you have been answering questions. Would there be merit in putting in the bill an exemption from personal liability when people act in a charitable capacity or when a trust is relatively modest?

11:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

Do you expect that there will be more legal action as a result of the bill or could the bill reduce the amount of litigation? Is there sufficient capacity in the sheriff court to deal with such cases?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

To be absolutely clear, it is a deliberate approach.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

Thank you for that. I will also ask about the role of the Court of Session compared with that of local sheriff courts. I know that there are some expanded powers for sheriff courts. Will you explain the policy thinking around retaining the Court of Session as the main court for the bill, given that it is traditionally more expensive and less geographically accessible?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The submission is on the Parliament’s website, but I am sure that the committee clerks would be happy to send it to you. I am sure that, like me, the committee would be interested if you wanted to review the Law Society’s points. Having seen many Law Society submissions on various bills, I think that its comments on section 65 seem quite strong. We would greatly appreciate any feedback that you have.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

I question whether we all think that what the minister suggested would be unfair. My argument in response to what the minister said is that, as business and commercial users of the legislation will get a serious benefit from its passing, should the fees that they pay to access the register not be used to help to protect the most disadvantaged in our society?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

If the amendment was tweaked at stage 3 to give an option to delay the review by a further year or two years, would that make it more flexible and more in line with the minister’s thinking?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

This piece of legislation has been kicking around for a number of years. It took a long time to get it to Parliament and a long time for the Government and Parliament to give it the priority that people in the legal and business communities felt it deserved. Does it not, therefore, seem unlikely that Parliament will find time to look at any small issues or tweaks that need to be made to the legislation without such a provision being in place?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

I am not asking you to do it today, but are you willing to share with the committee not necessarily specific proposals but, from the reports that are sitting there, a group that you think might be achievable in this session of the Parliament or that you consider to be the top of the priority list?