Chamber
Meeting of the Parliament 11 November 2015
11 Nov 2015 · S4 · Meeting of the Parliament
Item of business
Succession (Scotland) Bill: Stage 1
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 finish up by going to the Crown. I think that I speak not just for myself but for the committee in saying that there are no circumstances in which we would ever want that to happen. I wonder whether one solution might be the fallback that, under those circumstances, the court simply has the discretion to do what seems to it to be reasonable. It might be that defining the order in which we have died on the basis of age does not overcome the problem and that discretion is the best solution that the court could have.
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...