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 1548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 May 2023
Jeremy Balfour
In what way do you see that happening? If you go to the Court of Session, what way do you see of allowing that without giving the trustees too much power?
Delegated Powers and Law Reform Committee
Meeting date: 23 May 2023
Jeremy Balfour
I wonder, as we have got a few lawyers around this table, whether they want to comment on that. Is that a concern that the committee should have?
Delegated Powers and Law Reform Committee
Meeting date: 23 May 2023
Jeremy Balfour
I have a couple of quick questions, following on from Chris Sheldon’s comment on the two bills. I have the privilege of sitting on the Social Justice and Social Security Committee, which is looking at the Charities (Regulation and Administration) (Scotland) Bill. You have mentioned one area, but is there anything else that you think needs to be clarified between the two bills at this stage?
Delegated Powers and Law Reform Committee
Meeting date: 23 May 2023
Jeremy Balfour
That is helpful.
In the previous couple of evidence sessions, we have had evidence regarding resolving disputes through mediation or arbitration, which Mike Blair touched on. As he said, that can happen only if everyone is willing to take part. In principle, should such provision be in the bill, or should mediation simply be encouraged in guidance?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
I declared my interests before the previous panel of witnesses.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
The other example that academics raised with us last week related to someone going on to a submarine for a long period of service or going away for a long period of time. Do such issues concern you in practice?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
That was helpful.
Convener, I appreciate that we probably do not want to rewrite the law of succession on a Tuesday morning, but I think that the bill slightly opens a can of worms. Last week, with the academics, we looked at whether there should be a greater restriction on legal rights in this respect. I understand that, in some continental European countries such as Poland and Germany, people can write into their will clauses that do not to get rid of such rights completely but, certainly, dilute them further than we have.
I appreciate that I am again putting the witnesses on the spot by asking them to comment, but is that area worth pursuing, or have we struck the right balance on legal rights?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
Would the bill require further amendment?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
For the avoidance of doubt, I just want to say that one of the witnesses today, John McArthur, is a personal friend of mine from many years ago when I was a trainee with Anderson Strathern. Also, Alan Barr, who is on the second panel, was one of my lecturers at university.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Jeremy Balfour
That is helpful.