Hansard

The Convener SNP

With that, we turn to agenda item 2, which is our stage 1 consideration of the Succession (Scotland) Bill. Today, we will take oral evidence from the Scottis...

The Minister for Community Safety and Legal Affairs (Paul Wheelhouse) SNP

I would be grateful if I could make a very brief statement, convener. I thank the committee for inviting me to give evidence this morning. I welcome the rec...

The Convener SNP

Thank you very much for that brief statement, which covers some of the areas that colleagues will, I am sure, want to question you on more closely. I think ...

Paul Wheelhouse SNP

That is a very important question. As I said in my opening statement, we need to make laws as understandable as we can, so that it is not necessary for peopl...

The Convener SNP

It is tempting to suggest that a rather more important document might be one called “What to do before death”.

Paul Wheelhouse SNP

That is a fair point.

The Convener SNP

The issue affects all of us—there are some inevitabilities in life. On that wonderful note, we will go to John Mason, who will ask about section 1.

John Mason (Glasgow Shettleston) (SNP) SNP

Minister, I note that you referred to guardians being dealt with in section 1. Provisions in wills appointing guardians are included in the scope of section ...

Paul Wheelhouse SNP

I am grateful to John Mason for bringing up the issue, because it is a very important one. We continue to reflect on the views that have been expressed abou...

John Mason SNP

I appreciate your comments. There is a feeling that families are becoming more complex these days. Step-parents are quite a regular feature now; I do not thi...

Paul Wheelhouse SNP

Absolutely. I recognise that from my own family. It is a common feature of society today and we need to reflect the modern society in which we live. I take t...

John Mason SNP

What about the fact that there are other deeds that affect guardianship? Is this the right bill into which to bring all that?

Paul Wheelhouse SNP

The bill is making some important but largely technical adjustments that will bring legislation into line with the current experience in society. As to wheth...

John Mason SNP

Okay. Thank you.

The Convener SNP

We turn to John Scott for consideration of the timing of revocation.

John Scott Con

The committee has heard mixed views about when section 1 should take effect. Arguments on both sides have made reference to what is consistent with the broad...

Paul Wheelhouse SNP

Is that question framed specifically with respect to the domicile issue?

John Scott Con

Yes.

Paul Wheelhouse SNP

The Scottish Law Commission is of the view that in order to provide an appropriate link with Scotland the rule should apply where the testator dies domiciled...

John Scott Con

So you are not persuaded in any way by TrustBar’s arguments for an alternative approach?

Paul Wheelhouse SNP

We will continue to listen to the views of the committee. If the committee has a strong view that counters the position that we have taken today and the view...

The Convener SNP

Thank you for putting the Government’s view on the record. We will shortly be reflecting on the totality of the evidence, and if we feel that we need to impr...

Richard Baker (North East Scotland) (Lab) Lab

A number of witnesses have argued, both for reasons of principle and for practical reasons, that the current scope of sections 3 and 4 should be expanded to ...

Paul Wheelhouse SNP

Mr Baker raises an important issue. I believe that we have reflected on the views that have been expressed by other witnesses to the committee. As he has sai...

Richard Baker Lab

That might well be helpful. I take your point that the key issue is about there being another person involved in the process.

Paul Wheelhouse SNP

That is my understanding.

Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP

I want to explore the nature of the other person that you are seeking to catch. It seemed, on the basis of evidence that the committee has had, that the lega...

Paul Wheelhouse SNP

I am happy to be corrected by Jill Clark and Kathryn MacGregor if I am incorrect, but I understand that, in the framing of the legislation to date, we have n...

Jill Clark (Scottish Government)

The minister is absolutely right. We do not have a view that it need be a legally qualified person. It could be a layperson. It is about things being lost in...

The Convener SNP

Before we come back to Stewart Stevenson’s question, I would like to pursue that. If I have heard you aright, you are suggesting that the important thing is ...