The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 445 contributions
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
As the convener said to the previous panel, if any witness has any suggestions, thoughts or ideas that they would like the committee to follow up, we would be very grateful to receive them.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
I will move us on to sections 65 and 66, which cover expenses of litigation. The Law Society has raised concerns about the current policy underpinning section 65, which provides principles to determine how legal bills are paid for in trust cases. It says that section 65 will deter people from becoming trustees and may lead trustees to unfavourably settle or abandon legal proceedings for fear of personal liability.
Some of the witnesses might have heard our discussion about that with the previous panel of witnesses. We would be interested to hear from the witnesses who are not representing the Law Society whether they share the concerns that it has raised with us or can offer the committee any reassurance. We would also be interested to hear from all panel members whether the availability of insurance might help to mitigate the risks that the Law Society identified.
Would Laura Dunlop like to kick us off?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
I want to put you all on the spot and ask how that would work in practice. Would it require a formal separation agreement? The sound cut out slightly when Ross Anderson was speaking, but I thought that I heard him say that it would be helpful but impossible. I am interested in understanding how we might be able to make such a distinction work.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
There have been different views, which makes me question whether there should be clarification or an explicit line in the bill to say that that approach is perfectly permissible and within the powers.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
Would it be possible to allow a case-by-case approach to be taken but to still be clear in the bill that that is an option for those trustees who are interested?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
No, thank you, convener.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
Thank you very much. I will hand back to the convener.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
Does the bill as drafted allow trustees to make such investments, or does it need to be amended to make it clear that such an option is open to them?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
My question is on section 72, which is about the right of a spouse or civil partner to inherit. It features in part 2, which is on succession law, and various stakeholders, including the Law Society, have said that a distinction should be drawn between spouses or civil partners who were living with the deceased person at the time of their death and spouses or civil partners who had previously separated from the deceased person but who had not divorced or had not had the partnership dissolved.
It would be helpful for the committee to hear the witnesses’ views on that policy idea and that distinction. For example, do you agree that, with good drafting of the provision, it is possible to describe and define what is and is not separation? Obviously, we are aware of circumstances in which people are still very much together and in a relationship, even though they might be living separately for reasons outwith their control. One of them might be in prison, say, or working overseas. Is it possible to draft a clear distinction to cover those circumstances and would it be helpful to do so?
10:00Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Mercedes Villalba
As I understood it, the proposal was not to instruct but to include a clarification, for the avoidance of doubt. Are you saying that you do not think that that would be necessary, or that it would be unhelpful if it was included in the bill?