Siobhian Brown: A working group has been considering current legislation. I understand that the Welfare of Dogs (Scotland) Bill that has been introduced by Christine Grahame aims to highlight and raise awareness of responsible dog ownership—which, I think, we can all support. The Government welcomes any proposals that seek to improve animal welfare, and I look forward to working with Ms Grahame on the bill.
Siobhian Brown: On a point of order, Presiding Officer. I would have voted yes, too.
Siobhian Brown: The amended section 5 provides that a sole trustee must have “accepted office in writing” or otherwise have “acted in a way which indicates that they have accepted office”. I understand that the policy intention behind the stage 2 amendment was to make sure that the office of sole trustee is not forced upon someone against their wishes. Amendment 1 provides flexibility in the way that...
Siobhian Brown: No, I have nothing to add. Amendment 1 agreed to.
Siobhian Brown: Moved, Presiding Officer.
Siobhian Brown: I am sorry. Are we moving on to the next group?
Siobhian Brown: My apologies, Presiding Officer. I am sorry—it is my first stage 3.
Siobhian Brown: Yes. Section 12 is generally a default section that applies to a trust unless the trust deed provides otherwise. At stage 2, my amendment to this section was accepted. It provided that, in a public trust, a trustee should not be disqualified from taking part in the decision-making process because they are part of the section of the public that the decision is intended to benefit. Stakeholders...
Siobhian Brown: Section 17B was added by Jeremy Balfour’s amendment 47 at stage 2. That amendment allows a charitable trust to sell heritable property—such as an old church building or a town hall—at less than best value if the purchaser is another charitable trust. At stage 2, I expressed my concerns about the drafting of section 17B and the concerns of the Office of the Scottish Charity Regulator....
Siobhian Brown: No, thank you. Amendment 7 agreed to.
Siobhian Brown: One specific issue that surfaced during stage 1 proceedings concerned the use of nominees and sub-custodians in certain situations. Amendment 13 is a response to the view that section 19, as drafted, might not go far enough in capturing the ways in which trusts are used in the financial services sector. That is an extremely technical matter involving financial regulatory arrangements and how...
Siobhian Brown: We could look at that in the future, in future legislation. At the moment, because we could not get it in time for stage 3, this is a sensible approach that allows us to address the situation that was raised by the committee. If we had done nothing, it would have been a lost opportunity. Negative procedure is appropriate for making the regulations, as they will allow illustrative provision to...
Siobhian Brown: A protector’s function is to ensure that the trustee of a trust is appropriately discharging their duties. Although it is almost certainly possible to provide for a protector under Scots law currently, the bill provides legal certainty on the matter. Section 49 of the bill also provides a statutory list of example powers that a truster may confer upon protectors. Ultimately, it will be up...
Siobhian Brown: Section 61 is about the alteration of trust purposes and attempts to balance the truster’s wishes against the wishes of beneficiaries before an application can be made to the court to alter trust purposes. When the bill was introduced, the section did not apply to private purpose trusts or public trusts, but, after consultation with the Scottish Law Commission about the policy behind the...
Siobhian Brown: I thank the members of the Delegated Powers and Law Reform Committee for their thoughtful and helpful consideration of the Trusts and Succession (Scotland) Bill. I very much welcome their thorough scrutiny of the bill. I also thank the committee clerks for all their hard work and the stakeholders who contributed views and their time as part of parliamentary scrutiny. This is a Scottish Law...
Siobhian Brown: I thank the members who have contributed to the debate. There is a general consensus that the law on trusts is outdated, and the changes that are proposed in the bill will make a significant positive difference for those who use trusts in Scotland. I hope that it is clear that we listened carefully to what was said by stakeholders, the committee and other MSPs during stages 1 and 2. Trust law...
Siobhian Brown: The safety and wellbeing of firefighters is a priority for the Scottish Government and the Scottish Fire and Rescue Service. The service continues to make progress through its dedicated contaminants group. It has reviewed processes and procedures to ensure that the risk of contamination is minimised. That includes a review of all fire stations to ensure that they have site-specific control...
Siobhian Brown: The Scottish Fire and Rescue Service is working closely with the Fire Brigades Union and the University of Central Lancashire and is taking action across all aspects of operations to reduce exposure to contaminants, including through investment in new fire appliances and facilities. I will continue to work closely with both the Scottish Fire and Rescue Service and the FBU on that important...
Siobhian Brown: The autumn statement delivered the worst-case scenario for Scotland’s finances. The funding that it provides falls far short of what we need and makes the challenges for our budget next year even more severe. The Chancellor of the Exchequer has failed to provide the funding that is needed, with little consideration of the specific challenges that we face. That has let Scotland down on every...
Siobhian Brown: The Scottish Fire and Rescue Service is considering the Fire Brigades Union’s “Firestorm” report and, where appropriate, will work with the FBU and other staff representative bodies to address the issues that have been raised. The cabinet secretary and I met the FBU the week before last, I think, and the Scottish Government will work closely with the SFRS to identify budgetary...
