Hansard

I am pleased to speak in the debate and to confirm that the Scottish Conservatives will support the bill at decision time. As the minister outlined, this is the first major overhaul of trust law in a century and, having listened to the evidence that has been brought forward, I think that it is clear that this much-needed modernisation will provide clarity and make the law in the area more user friendly.

Although the bill stops short of a full codification of trust law, it has captured the areas on which there is broad consensus. Given that it is a Scottish Law Commission bill that has come through the Delegated Powers and Law Reform Committee, it probably strikes the right balance. I know that, in the stage 1 debate, there was discussion about whether it could have done more on trusts and succession, but the way in which the bill has come to Parliament explains why some aspects are more modest, as it has sought to be less political and controversial and to move the law forward.

As with a great many areas that the Parliament has responsibility for but that do not always appeal to politicians, such bills can find it difficult to get chamber time, and I welcome the process that is now in place with the DPLR Committee. Obviously, no one ever wishes for more work for themselves, but we have worked well as a committee, and we have a new area of interest.

I have only one outstanding and significant concern about the bill, which is about how public awareness raising will be taken forward. That was a theme of the stage 1 debate. These are significant changes to trust law, and how the changes will be communicated to the smaller charities and organisations and individuals who operate in the space is important. Many of them have been doing the same thing for a long time, and many will likely get updated professional advice after the passage of the bill. The Law Society of Scotland is right to highlight in its briefing that a

“comprehensive publicity and awareness-raising campaign for trustees, their professional advisers and the wider public interacting with trusts”

is essential.

Throughout the passage of the bill, we have seen that this is not always the most interesting area that captures everyone’s interest straight away, and I recognise that there is difficulty in getting people to engage. That was the case with some stakeholders and people who work in the area—people do not always have the time or the energy. Sometimes, we think that everybody is watching and listening to every word that is said in the Parliament, and that those in the legal profession pick up on every bill that is passed. I am keen to hear more from the minister about that.

I am sure that unexpected challenges and unintended consequences may arise as a result of the changes, which are significant. In the future, we have to do better at scrutinising the success of legislation that we pass and at evaluating whether it delivers the changes that have been set out.

I could go back through all the things that the bill does, but the minister set that out pretty comprehensively. As I close, I suggest that the Parliament should not wait another century to review the law in this area. Given its significance and central importance—financially and to Scottish society—we should take a bit more interest in it.

I thank all those at the Scottish Law Commission and the many witnesses and organisations who have given their time and energy to get the bill to this point. At times, it must seem like a thankless task and deeply frustrating when their expertise and legal practice are not given the attention that they deserve. I hope that the passage of the bill—provided that colleagues support it, which I urge them to—shows that the processes work and are worth while. The many reports that the Scottish Law Commission has spent time on now seem to be proceeding with pace.