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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 18 August 2025
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Displaying 1311 contributions

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Social Justice and Social Security Committee

Child Poverty and Parental Employment Inquiry

Meeting date: 8 June 2023

Jeremy Balfour

I have one further question. Flexible Childcare Services Scotland’s submission notes that

“targeted access to flexible childcare”

will cost more to deliver, but that

“this higher funding need may only be for a temporary period.”

Susan McGhee, will you expand on why those high costs would be temporary?

Social Justice and Social Security Committee

Child Poverty and Parental Employment Inquiry

Meeting date: 8 June 2023

Jeremy Balfour

Thank you. That is a really helpful point.

I will go back quickly to what we were discussing previously in relation to partner provider rates for funded early learning and childcare keeping up with rising costs. It was stated that that is not the case, so has that been the situation post-Covid or was it happening before Covid?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

The problem is that they need the individual’s consent to get a medical report, which might mean the trustees having to persuade the person in question, who might say that they are quite capable. If that person says no, the trustees have no power to take it further.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

Okay—I will move on.

The Scottish Law Commission told us in evidence that an aggrieved trustee who wanted to challenge a decision on their capacity could use common law to go to court. You have already mentioned that, but do you think that that sort of thing should be explicit in the bill instead of just being left to common law?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

In that case, minister, what advice would you give to the lady who came to the committee on 23 May and said, “I don’t know where my trust fits in”? What does she—and other laypeople who are trustees—do if there is no legal definition?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

One of the key themes of the written responses to the committee’s call for views—and it was also mentioned by some of the witnesses who appeared before the committee—was the importance of the legislation being as accessible as possible to trustees and beneficiaries without legal backgrounds. Most people who do the job do so on a voluntary basis and do not have an understanding of the law.

Ideas that the committee has received to enhance accessibility include drafting changes, including improving or adding to definitions in the bill, as has already been mentioned; Government guidance; a publicity campaign; and style legal documents for the benefit of trust users. In the light of the views that have been expressed to the committee, can the minister describe the measures that the Scottish Government intends to take to maximise the accessibility of the legislation to its users?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

Has the Scottish Government done any analysis of the reasons why fewer people are coming forward as trustees?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

The evidence that we have taken says that there is an issue in that respect.

Minister, just for clarification, are you saying that at the moment you are not intending to have any style documents in the legislation or to add or take away any definitions in the bill?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Jeremy Balfour

Again, I want to push back on that. I think that the question about jurisdiction was answered by the SLC when it said that, if there were any question about jurisdiction, the case would come to Edinburgh sheriff court. That is clear. It might well be the case that people want to go down the Court of Session route, but I am not sure why we cannot give them the choice and trust solicitors to make that choice.