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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
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Displaying 418 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

I move us on to section 72, which deals with succession. In policy terms, the definition of spouse or civil partner includes a spouse or civil partner that the deceased person was separated from but where no divorce or dissolution of the partnership had taken place. That means that a spouse or civil partner, in that circumstance, could benefit from section 72 of the bill, on the right to inherit.

The Law Society and various other respondents to the committee’s call for views have said that they would like to see a distinction drawn between spouses or civil partners who were living with the deceased person at the time of their death and those who had previously separated from the deceased person but had not divorced or had the partnership dissolved. What is the commission’s response to that suggestion?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

The term “incapable” is defined in section 75 of the bill, and the definition is similar to the one that is used in the Adults with Incapacity (Scotland) Act 2000. In response to the committee’s call for views, the Law Society noted that the Scottish mental health review has recommended significant changes to capacity law in Scotland, which include removing the term “mental disorder” and moving from a capacity test to one of an ability to make an autonomous decision.

The Law Society suggested to the committee that the bill needs to be future proofed in case any changes to capacity law occur later in relation to the Scottish mental health review. We would be interested to hear your comments on the need for future proofing. If you think that that needs to be done, what are your thoughts on how it could be achieved?

Delegated Powers and Law Reform Committee

Interests

Meeting date: 2 May 2023

Mercedes Villalba

I have no relevant interests to declare, thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 2 May 2023

Mercedes Villalba

Thank you for having me.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

The Law Society and the academic lawyer, Yvonne Evans, have suggested that, in view of Scotland’s increasing emphasis on net zero goals, sections 16 and 17 could be amended in relation to trustees’ powers of investment. The bill could be amended to allow trusts to adopt environmentally friendly investment policies, particularly when those might underperform compared with other investments. Does the commission have a view on that suggested amendment?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

Thank you very much.

Rural Affairs and Islands Committee

Petition

Meeting date: 29 March 2023

Mercedes Villalba

Does that not contradict the body’s previous statement, last May, that it did not support the continuation of greyhound racing at unlicensed tracks in Scotland?

Rural Affairs and Islands Committee

Petition

Meeting date: 29 March 2023

Mercedes Villalba

I thank our witnesses for coming today.

The Scottish Animal Welfare Commission’s report makes recommendations around minimising and monitoring welfare risks, specifically on the presence of a veterinarian when dogs are racing, for the

“collection of independent data on injuries and fatalities at stadia.”

It continues:

“We suggest reviewing these metrics, and whether racing should continue, within the next 3-5 years”.

However, the report concludes that, even if a dog track is regulated by the Greyhound Board of Great Britain, which requires a vet to be present when dogs are racing, any welfare strategy is

“unlikely to have a significant impact on injury rates in dogs in the foreseeable future.”

In the light of that, would a better course of action not be a more immediate phase-out of dog racing?

Rural Affairs and Islands Committee

Petition

Meeting date: 29 March 2023

Mercedes Villalba

Will you confirm that it is the view of the Scottish Animal Welfare Commission that racing at unlicensed tracks should not continue?