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Chamber

Meeting of the Parliament 20 December 2023

20 Dec 2023 · S6 · Meeting of the Parliament
Item of business
Trusts and Succession (Scotland) Bill

I think that the most recent attempt at awakening the chamber was more successful than your whacking the microphone earlier, Deputy Presiding Officer.

Scottish Labour is in agreement with the bill and will support it at decision time later this afternoon. As we have heard from a number of speakers during the stage 3 amendment proceedings and in this final debate, it has probably been far too long since a Parliament took a look at the issue. Thanks have to go to the Scottish Law Commission for the work that it has done—quietly, in the background, and then slightly more forcibly—to bring the bill forward. I must also thank the interested parties that supported that work and responded to the bill, including the Law Society of Scotland, the Faculty of Advocates and others.

As others have done, I thank the members of the committee and the clerks who support them for the huge amount of work that they did on the bill. In particular, I put on the record my thanks to Stuart McMillan for his work on the bill and his on-going interest in it. Conveners often go unthanked in the chamber, but I know how much experience and knowledge he has brought to the bill’s consideration. It is thanks to the Government that the bill has been improved with cross-party support. I thank Stuart McMillan for his work.

In summing up, I want to draw members’ attention to a number of matters that other speakers have hinted at. The first of those, which was raised by Bill Kidd and Oliver Mundell, is the importance of an awareness campaign. We have heard about the importance of wills and powers of attorney, and how they can ease the pressure on families if they are dealt with at the appropriate times. Money spent on an awareness campaign would be, to use that old-fashioned phrase, money well spent. As part of such a campaign, MSPs could raise their constituents’ awareness when they have opportunities to do so, but the campaign could also go wider than that. Through it, the Government could point out the importance of both vehicles—powers of attorney and wills—with a view to enabling people to make choices when they are able to do so, thereby avoiding the crises that can arise when that is done too late in the day, or so late that there are concerns about the validity of what is made. It would be nice if the minister could address that in her summing-up speech.

In the short time that I have left, I want to return to amendment 13, which relates to section 19, on which I made an intervention, and the regulations on what a good cause may be. It would be helpful to know whether the Government is considering bringing in any specific good cause identifiers by way of subsequent legislation.

It is nice to have a bill on which there is agreement across the chamber and that has been improved through the parliamentary process. As Oliver Mundell suggested, it should maybe return to Parliament for post-legislative scrutiny in less than 110 years’ time so that we can seek to make improvements.

I will leave it there. I again express my thanks to all those who have been involved.

17:02  

In the same item of business

The Deputy Presiding Officer (Liam McArthur) LD
The next item of business is a debate on motion S6M-11699, in the name of Siobhian Brown, on the Trusts and Succession (Scotland) Bill. 16:30
The Minister for Victims and Community Safety (Siobhian Brown) SNP
I thank the members of the Delegated Powers and Law Reform Committee for their thoughtful and helpful consideration of the Trusts and Succession (Scotland) B...
Oliver Mundell (Dumfriesshire) (Con) Con
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 ...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I thank the committee clerks and all those who have been involved in the bill. This is a technical bill, but it will have real impacts on people’s lives. I h...
Bob Doris (Glasgow Maryhill and Springburn) (SNP) SNP
The victims of McClure’s state that most people who have been let down by McClure’s do not yet know that they are victims and that the situation is vastly un...
Rhoda Grant Lab
I absolutely agree with Bob Doris and I pay tribute to him for giving voice to the victims of McClure’s and inviting them to Parliament to speak to MSPs. I a...
The Deputy Presiding Officer LD
We move to the open debate. 16:46
Stuart McMillan (Greenock and Inverclyde) (SNP) SNP
First, I will touch on the McClure situation. I raised it in the committee because constituents, some of whom have been seriously affected, came to me with t...
Bob Doris SNP
Hear! Hear!
Stuart McMillan SNP
Thank you. I thank those who contributed to the committee’s scrutiny of the bill, whether in writing or by appearing before the committee during one of the ...
Maggie Chapman (North East Scotland) (Green) Green
I begin by thanking the Scottish Law Commission for its detailed and technical work during more than a decade on the different elements of the bill. I am gra...
Bill Kidd (Glasgow Anniesland) (SNP) SNP
As a member of the Delegated Powers and Law Reform Committee, I spoke in the stage 1 debate on the Trusts and Successions (Scotland) Bill in September. It is...
The Deputy Presiding Officer LD
Like hitting the microphone with your papers, there are various ways of gaining the Parliament’s attention. We now move to closing speeches. 16:58
Martin Whitfield (South Scotland) (Lab) Lab
I think that the most recent attempt at awakening the chamber was more successful than your whacking the microphone earlier, Deputy Presiding Officer. Scott...
Jeremy Balfour (Lothian) (Con) Con
I hope that members will be able to hear some of the speech from where I am taking part in the debate this afternoon. I am pleased to be able to speak in tod...
The Presiding Officer (Alison Johnstone) NPA
I ask Siobhian Brown to wind up. 17:04
Siobhian Brown SNP
I thank the members who have contributed to the debate. There is a general consensus that the law on trusts is outdated, and the changes that are proposed in...