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Chamber

Meeting of the Parliament 11 November 2015

11 Nov 2015 · S4 · Meeting of the Parliament
Item of business
Succession (Scotland) Bill: Stage 1

Labour supports the approach that has been taken at stage 1. Wills and inheritance are an important issue and I am grateful to Nigel Don and the DPLR Committee for taking on an undoubtedly daunting task in dealing with complex—and, in some areas, controversial—issues.

The fact that the committee held four oral evidence sessions is heartening and demonstrates the depth of inquiry in the committee’s approach. The sensible decision to take from the discussions those elements of the proposals that could be introduced into law at this stage with a view to considering a second bill later in the process is also heartening; that was the right decision.

Hearing from Nigel Don that the committee was persuaded by evidence in deciding the way forward with regard to section 1 indicates best practice and the reason that committees exist in this Parliament, which is to follow evidence. That gives members more confidence in moving forward.

It is not surprising that Elaine Murray found parts of the bill interesting. Stewart Stevenson, as always, found the legislation interesting but came up with an obscure way of analysing it, which lightened the atmosphere in an otherwise in-depth consideration.

The Scottish Law Commission does important work on our behalf. Paul Wheelhouse was right to acknowledge its work on the 2009 report but failed to acknowledge that the 2009 SLC report reiterated an SLC report from 1990. It just goes to show how quickly the law moves in these parts.

In my time on the Justice Committee, it was a source of some embarrassment to me that we were aware of many Scottish Law Commission reports that unfortunately we had no time to address. I agree with Richard Baker that the creation of the DPLR Committee approach is a good step forward. I hope that the Scottish Law Commission can take heart that its hard work on behalf of Scots law in maintaining an up-to-date environment that is fit for the demands of modern life is well worth the effort. We should try to ensure that we introduce that into our processes, so that new law can be created.

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
The next item of business is a debate on motion S4M-14768, in the name of Paul Wheelhouse, on the Succession (Scotland) Bill. 14:40
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse) SNP
I am pleased to open the debate on the Succession (Scotland) Bill. I thank those who submitted evidence, and I thank the convener, members and clerks of the ...
Nigel Don (Angus North and Mearns) (SNP) SNP
I welcome the opportunity to speak on behalf of the Delegated Powers and Law Reform Committee on the Succession (Scotland) Bill. This is a Scottish Law Commi...
The Deputy Presiding Officer Lab
Could you draw to a close, please?
Nigel Don SNP
Although the reforms in the bill are technical and comparatively uncontroversial, they represent very important and necessary changes to succession law. More...
Elaine Murray (Dumfriesshire) (Lab) Lab
As has been said, this bill was not considered by the Justice Committee, and I was completely unaware of its provisions until last week. I have not read thro...
John Scott (Ayr) (Con) Con
I, too, am pleased to be participating in this stage 1 debate on the Succession (Scotland) Bill. I thank the Delegated Powers and Law Reform Committee’s con...
The Deputy Presiding Officer Lab
We now move to the short open debate, with speeches of a maximum of four minutes. 15:05
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
This is an interesting bill, which we have been dealing with in the DPLR Committee. I will address my remarks to the rectification provisions in sections 3 a...
Richard Baker (North East Scotland) (Lab) Lab
Although the bill is technical in nature, I agree with other members’ view that it is important. All of us, inside or outside the chamber, want to be assured...
The Deputy Presiding Officer Lab
Will you draw to a close, please?
Richard Baker Lab
The bill should certainly be supported at stage 1 today.
The Deputy Presiding Officer Lab
We turn to the closing speeches. 15:13
John Scott Con
I thank members for a good debate this afternoon. It is clear that there is a great deal of consensus in the Parliament and I am pleased that the Scottish La...
Graeme Pearson (South Scotland) (Lab) Lab
Labour supports the approach that has been taken at stage 1. Wills and inheritance are an important issue and I am grateful to Nigel Don and the DPLR Committ...
Stewart Stevenson SNP
The member talks about keeping up with modern developments. Does he welcome, as I think I do, the abolition of the Parricide Act 1594, because it means that ...
The Deputy Presiding Officer Lab
I am afraid that you are approaching your last minute, Mr Pearson.
Graeme Pearson Lab
Indeed. I accept Stewart Stevenson’s point. The Parricide Act was enacted in 1594, so it has taken us a while to reconsider the circumstances, but the decisi...
Paul Wheelhouse SNP
The spirit of this afternoon’s debate has served to highlight the value that the scrutiny of the Delegated Powers and Law Reform Committee brings to the Scot...
Nigel Don SNP
On that point, I am conscious of the issue of common calamity, when we are not clear in which order people have died, and the risk that the estate will finis...
Paul Wheelhouse SNP
I take the member’s points on board. We are trying to deliver as much certainty as we can in the law of succession. I was going to turn in any case to the p...