Chamber and committees

Under agenda item 2, we will take evidence on the Trusts and Succession (Scotland) Bill from Siobhian Brown, the Minister for Victims and Community Safety. Welcome, minister.

The minister is accompanied by four Scottish Government officials: Michael Paparakis, policy manager, private law unit; and Jamie Bowman, Jane Duncan and John Thomson, legal directorate. I welcome all of you to the committee and remind all attendees not to worry about turning on their microphones during the session, as they are controlled by broadcasting.

I invite?the minister to make some opening remarks.

We move on to sections 25 and 26, which concern the trustees’ duties to provide information. Some concern has been expressed to the committee about the trustees’ duties to provide information to potential beneficiaries under those two sections. Specifically, the concern is that the exact scope of the duties is uncertain but they are potentially too onerous.

We heard from Gillespie Macandrew, which presented different information to the committee from what its written submission said. In the committee, the firm said that the current provisions were better than being too prescriptive. However, the Law Society considered that there were problems with the existing provisions. Alan Barr, on behalf of the Law Society, said quite a number of things about potential beneficiaries.

Having heard the views expressed by stakeholders, do you share any of their concerns about the current drafting? If so, how would the Scottish Government change sections 25 and 26 of the bill to address them?

Okay. Thank you, minister.

It would be useful if, after the research has been published, the Scottish Government could keep the committee updated by writing to us with its views and thoughts.

Does the committee also wish to highlight to the lead committee that the instrument commences section 93 of the Heat Networks (Scotland) Act 2021, which relates to a heat networks delivery plan, following correspondence between this committee and the Scottish Government on 23 March and 6 April 2023, which the committee drew to the attention of the lead committee at its meeting on 18 April 2023?

Members indicated agreement.

Under item 4, we are considering one instrument, on which no points have been raised.

Is the committee content with the instruments?

Members indicated agreement.

Under item 3, we are considering two instruments, on which no points have been raised.

Welcome to the 18th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is a decision on whether to take items 5 to 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.