Scottish Parliament – Page 35 – The NEN

Views sought on proposals to modernise trusts and succession law

Scots are being invited to share their views on the Scottish Government’s Trusts and Succession (Scotland) Bill. The Scottish Parliament’s Delegated Powers and Law Reform Committee has launched a consultation on the proposed changes, which would modernise the operations of trusts and rules around succession.

The Bill aims to change the law in two areas. It would alter how trusts are administrated and managed and would also change the order of who has a right to inherit when someone dies without a will.

Trusts are used for a wide range of legal purposes that impact on families, businesses, charities and financial institutions. A trust enables assets to be legally owned by one person or entity while a different individual, entity or group of people can benefit from the asset.

The Scottish Law Commission has recommended that both trust law and succession law be updated. Currently Scots law around trusts is largely based on an Act passed in 1921. It is now believed that there are £500 billion worth of assets held in trusts in Scotland today.

The Commission completed a comprehensive review of trust law in 2014, which identified a number of outdated areas of law in need of modernisation. Furthermore, changes to succession law were recommended by the Commission following extensive reform work and public consultations over many years. The Scottish Government is now seeking to change the law around both trusts and succession with this Bill.

The Committee’s scrutiny of this Bill follows its recent work on the Moveable Transactions (Scotland) Bill at Stage 1. In that case, the Committee welcomed the general principles of the Bill, but did raise concerns with the Government about the impact it might have on consumers.

Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee, said:

“Trusts are long established in Scotland. It is thought that assets in trust may hold a combined value of £500 billion in Scotland, yet their significance is not recognised in wider society.

“We would like to understand more about how trusts are used in Scotland and what impact the changes in this Bill might have on Scottish individuals, businesses, charities and institutions.

“We’re particularly keen to hear from professional trustees, whose commercial business includes handling trusts for other people, and lay trustees, who are not acting in a professional capacity in their role.”

In addition to its consultation, the Committee will hold a series of public evidence sessions on the Bill in the spring.

Committee concern over lack of information on National Care Service proposals

A Holyrood Committee has reported it’s dissatisfaction with the lack of information about proposals that could see children’s health and social care services integrated into the proposed National Care Service.

The cross-party Education, Children and Young People Committee have been scrutinising the Scottish Government’s proposals – but they have concluded that it is not possible to form a clear view as to whether children’s services should be included under any future National Care Service.

The Committee expressed concern that much of the detail of any future transfer of children’s services to the National Care Service would be delegated to Ministers, preventing the Parliament from carrying our thorough scrutiny of any changes. Furthermore, the Committee was told that research designed to help inform a decision about whether or not to include children’s health and social care services in the service, will not be ready until September 2023.

The Committee also notes the lack of information regarding the financial implications of bringing children’s services under a National Care Service. Its report urges the Scottish Government to model the cost of different scenarios where children’s services are included and excluded from a National Care Service.

Looking at children and young people’s care more broadly, witnesses told the Committee that existing services need to improve, expressing concern about an implementation gap between policy and the reality of delivering those services.

While some stakeholders spoke positively about the approaches taken in their areas, a range of other issues were identified, including challenges accessing services, poor communication and gatekeeping.

Martin Crewe, Director of Barnardo’s Scotland, told the Committee, “…there is frustration that we have all the right aspirations and good intentions but what happens is not always what was intended.”

In addition, the report calls on the Government to clarify its plans for letting young people design services at the very earliest stages of work to create a National Care Service. With a large number of children and young people receiving health and social care support, Members of the Committee agreed that it would be helpful to know how the Government plans to meaningfully engage with them.

Sue Webber, Convener of the Education, Children and Young People Committee said: “We would like to thank everyone who took the time to share their thoughts with us as we scrutinised this Bill.

“The feedback we had has told us that there is not currently enough information about the Bill’s impact on children’s health and social care services for us to form a view about whether this is the right approach for children and young people.

“However, we did hear significant concerns about the way in which these services are operating at present. Therefore, our report asks the Scottish Government to ensure that work on this Bill does not delay the improvements that are needed to children’s services now. Children and young people need to be at the very heart of those discussions.”

This report will now be shared with the Health, Sport and Social Care Committee, which is leading the Parliament’s scrutiny of the Bill.

Gender Recognition Reform Bill passed

Improving the legal recognition system for trans people

The Gender Recognition Reform (Scotland) Bill has been passed by the Scottish Parliament.

The legislation improves the system by which transgender people can apply for legal recognition through a Gender Recognition Certificate (GRC).

Trans people aged 16 and older applying for a GRC will be required to make a legally binding declaration that they are already living in their acquired gender and intend to do so permanently.

The Bill includes safeguards against misuse of the system. It will be a criminal offence for applicants to make a false application. A new statutory aggravator and a risk‑based approach in relation to sex offences strengthen these protections.

Social Justice Secretary Shona Robison said: “This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties.

“It simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.

“The legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.

“The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”

Background

Factsheet and background to the Gender Recognition Reform (Scotland) Bill

MSP consults on wellbeing and sustainable development bill proposal

Autumn has arrived the the Scottish Parliament with leaves changing from green to gold and the final bits of gardening being done for the year in the landscaped gardens. 18 October 2022. Pic-Andrew Cowan/Scottish Parliament

A proposal to establish a Commissioner with a remit over wellbeing and sustainable development and to strengthen duties on the public sector has been published in a proposal for a Member’s Bill by Lothian Labour MSP Sarah Boyack, and is now out to public consultation.

Boyack hopes her planned Wellbeing and Sustainable Development Bill proposal will introduce a duty for public bodies to promote these principles and establish a Commissioner for Sustainable and Wellbeing in order to address the devastating consequences of short-termism at both local and global scale.

The Members Bill proposal comes on the back of calls for a Wellbeing and Sustainable Development (Scotland) Bill during the Scottish Parliament election by a large number of individuals and organisations. The proposal builds on the 14 recommendations for policy makers published by the Scotland’s International Development Alliance in their report Towards a Wellbeing and Sustainable Development (Scotland) Bill and Carnegie UK’s recent Five steps to put wellbeing at the centre of policymaking in Scotland publication.

The proposed Bill seeks to place new definitions of sustainable development and wellbeing into legislation and to bring forward the Scottish equivalent to the Welsh Future Generations Commissioner.

Introducing her consultation, Sarah Boyack said, “The climate emergency demonstrates in real terms the consequences of short-termism. We are now seeing countries that did nothing to aggravate the unfolding environmental catastrophe, bearing the cost for a damage they didn’t cause.

“Future generations in Scotland and across the world will be faced with the results of the actions we take – or not – right here and now. The proposal I am launching today is neither a new nor untested idea. In Wales, the Future Generations Commissioner was established in 2015 and has already made a difference.

“The Scottish Government talks a lot about wellbeing and sustainable development, but it has repeatedly failed to define them, let alone implement them.

“I want to hear from as many people as possible so we can strengthen the legislation currently in place and ensure that Scotland is a country that takes wellbeing and sustainable development seriously both now and for future generation.”

Speaking in support of the proposal; Frances Guy, Chief Executive Officer at Scotland’s International Development Alliance said: “The Alliance is delighted to see the launch of this Members Bill consultation.

“The Bill is an opportunity for Scotland to demonstrate joined-up policymaking, linking global and domestic priorities, alongside human and environmental wellbeing and putting them at the forefront of decision making. It’s clearer than ever before that our systems are not working for people, or for the planet.

This legislation could trigger a step change in the way decisions are made in Scotland, ensuring sustainable development and wellbeing become the main drivers of policy and practice across public life”.

The Members’ Bill is supported by Carnegie UK, a Dunfermline-based charitable foundation that advocates for putting collective wellbeing at the centre of policymaking.

Sarah Davidson, Chief Executive of Carnegie UK, said: “It is time for Scotland to up the pace on putting wellbeing at the centre of big decisions.

“That means a new commissioner to look after everyone’s interests now and in the future, backed with statutory powers. That means policies and spending-decisions which balance the needs of the economy with other social, environmental, and democratic imperatives. It means longer term thinking, after a decade of crisis management at home and abroad.

“That’s why we’re pleased to see Sarah Boyack’s Members’ Bill and would urge forward-thinking organisations and individuals to get involved in this consultation.”

To see the full proposal and to respond to the consultation please visit https://sarahboyack.com/wellbeing-and-sustainable-development-bill/

Cross-Party Group Bangladesh at the Scottish Parliament

CPG Bangladesh

Speaking after the AGM and second Cross-Party Group meeting on Bangladesh held on 30^thNovember 2022 at the Scottish Parliament, Foysol Choudhury MSP said: “It was great to host the Cross-Party Group on Bangladesh meeting for the first time in person at the Scottish Parliament.

” I was pleased that it received cross-party support from my colleagues Miles Briggs MSP, Sarah Boyack MSP and Kaukab Stewart MSP.

“Saida Muna Tasneem, the High Commissioner of Bangladesh, also joined us from London and spoke of the great bilateral relations between our nations and of her visit to Scotland last year during COP26, when H.E. Sheikh Hasina, Prime Minister of Bangladesh, visited the Scottish Parliament.

“The Assistant High Commissioner, Kazi Ziaul Hasan, gave an excellent presentation on the current situation of Bangladesh regarding its economic growth, developing regional connectivity, increase in education enrolment, climate change impacts on Bangladesh, the Rohingiya crisis and UK -Bangladesh trade relations.

“The CPG was very well attended by local community organisations and professionals from the Bangladeshi community as well as politicians Cllr Nurul Hoque Ali of Aberdeen, Cllr Naz Anis Miah of Fife and Cllr Lynn Wardlaw of Dunfermline.

“During the meeting, we discussed at length climate justice and adaptation, with many attendees expressing their concerns on the progress made since COP26 in Glasgow and potential delays in loss and damage funding release.

“We also discussed improving the travel and tourism industry to make Bangladesh appeal to an international market and create better connectivity with the world to attract visitors.

“When I was first elected in May 2021 as the first Bangladeshi-born MSP, I knew that I wanted to establish and convene a CPG on Bangladesh with the aim of promoting and enhancing understanding between Scotland, the UK and Bangladesh. I have worked very closely in the past year with the High Commission of Bangladesh in the UK to strengthen ties with Scotland and Bangladesh.

“The purpose of the CPG on Bangladesh aims to promote and enhance understanding between Scotland and Bangladesh at cultural, social, academic, political and economic levels.

“It has a focus on trade and investment, tourism and education. It also gives the opportunity for community members and anyone interested in Bangladesh to meet with their policy-makers to raise concerns and ways we can collaborate together to further contribute to the development of Bangladesh and ensure that it becomes a climate-resilient nation.

“I look forward to advancing the mutual interests of Scotland and Bangladesh and to representing the interests of people and organisations with Bangladeshi backgrounds living and working in Scotland. I hope the CPG can act as a forum for the Community living in Scotland.”

Secondary breast cancer highlighted at Scottish Parliament

A charity supporting secondary breast cancer patients took its campaign to be heard to the Scottish Parliament from the 29^th November to the 2^nd December.

Edinburgh-based Make 2nds Count is highlighting the shocking toll of the disease which claims 1000 lives each month in the UK – an average of 31 deaths every day – and its pioneering Patient Trials Advocate service (PTA).

Make 2nds Count raises awareness of secondary breast cancer, a form of the disease which has spread beyond the breast to other parts of the body. Also known as metastatic, advanced or stage IV breast cancer, it currently affects around 35,000 people in the UK.

It is incurable but can be treated and the charity has developed the PTA service to introduce patients to clinical trials which can help to improve outcomes and extend life.

The initiative, the first of its kind in the UK, started in Scotland through nurses based in Edinburgh, the Borders, and the Highlands, and has recently been extended across England, Wales, and Northern Ireland.

The Make 2nds Count team is in the parliament building for the next week staging an exhibition highlighting its work and the signs of secondary breast cancer.

Emma Hall, Head of Operations for Make 2nds Count says: “Secondary breast cancer is a little-known form of the disease and we are delighted to have this opportunity to raise awareness of it and our work, particularly the Patient Trials Advocate service.

“We would like to thank the Scottish Parliament for the chance to get our message across to such an influential audience.”

To find out more about Make 2nds Count and the Patient Trials Advocate service visit:

https://www.make2ndscount.co.uk/funding-research/patient-trials-advocate/

Photo Caption: MSPs pictured in the Scottish Parliament buildings on Wednesday 30th November supporting Make 2nds Count and their work campaigning for more research, support and education for the Secondary Breast Cancer community across the UK

National Care Service: Committee concern over lack of detailed costs

Holyrood’s Finance and Public Administration Committee has expressed “significant concerns” over the lack of detailed costs for the National Care Service Bill.

In a report published yesterday, the Committee says that without an indication of the potential scale of all costs associated with the Bill, it is difficult to assess whether the proposed National Care Service is either affordable or sustainable.

The cross-party Committee is therefore calling on the Scottish Government to provide “much needed clarity” and to bring forward fully costed plans at least two weeks before the Stage 1 vote on the Bill, scheduled for March 2023.

Finance & Public Administration Committee Convener Kenneth Gibson said: “The Finance Committee has significant concerns over the costings in the Financial Memorandum (FM) to this Bill. The FM in its present form does not provide an overall estimate of the cost of creating a National Care Service.

“A large number of decisions are yet to be made, and no estimate of costings has been provided for VAT liability, transfer of assets and staff, and the creation of a nation-wide digital health and social care record. All of which has the potential to result in significant costs.

“The Committee appreciates the Scottish Government’s intention to co-design the service with those most closely affected. That work could, however, have been undertaken prior to the introduction of primary legislation.

“Major Bills should not be implemented via secondary legislation, or through business cases, which cannot be subject to the same in-depth, formal scrutiny as Financial Memorandums to bills.

“The significant gaps highlighted throughout our report have frustrated the parliamentary scrutiny process.

“We are therefore calling for a revised Financial Memorandum, with detailed costings, at least two weeks before Parliament considers the Bill at Stage 1.”

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Holyrood Committee calls for introduction of proxy voting for MSPs

The Scottish Parliament should introduce proxy voting for those unable to vote due to illness, bereavement or on parental leave.

That’s the view of the Standards, Procedures and Public Appointments Committee which has published a report calling for the introduction of a proxy voting pilot scheme with a view to it being established permanently in the Parliament.

The scheme would allow MSPs unable to vote for agreed reasons to nominate a proxy MSP who would cast their vote according to their wishes.

In a report published earlier this year, on Future Parliamentary procedures and practices, the Committee made clear that a hybrid parliament should be here to stay, including a recommendation to introduce proxy voting for those unable to vote in person.

Speaking on the report’s publication, Committee Convener Martin Whitfield MSP, said: “Our Committee is unanimous in their support for the introduction of a proxy voting scheme.

“We think Scotland’s democracy and its people are best served by ensuring that MSPs can still cast their votes even if they are unable to participate in parliamentary business due to the very human reasons of bereavement, illness or parental leave.

“We believe this is a positive, progressive step for the Parliament as we look to continue to evolve and to make the Parliament as accessible and inclusive as possible.”

Deputy Convener Bob Doris MSP added: “As a Parliament it is vital that we continue to look at ways to modernise and to increase participation in democratic processes.

“The introduction of a proxy voting scheme will ensure that MSPs can represent their constituents whether on parental leave, suffering serious illness or bereavement.

“We will continue to review current working practices as we look to innovate and improve Parliamentary processes, and to shape a Parliament fit for the future.”

Key points of the proxy voting being proposed:

MSPs may request a proxy vote due to illness, bereavement or if on parental leave;
A Member can designate any other Member as their proxy and it is for the Member to decide who to nominate;
A proxy vote is actioned by informing the Presiding Officer;
The proxy vote has the same status as a vote cast by a Member in person;
The use of a proxy will be recorded in the minutes of a meeting to ensure transparency;
The pilot would remain in force until 31 December 2023.

Read the full report

MSPs call for action to halt decline of our town centres

MSPs on the Economy and Fair Work Committee have called for action to halt the long-standing decline of town centres, as it publishes a new report following an inquiry into the issue.

The Committee’s inquiry concluded that the planning system needs to be strengthened to ensure no new developments unfairly compete with town centre provision. Alongside this, a rebalancing of the cost of doing business to make town centres more competitive including how non-domestic rates currently operate, to support investment in town centres.

Every town in Scotland should have their own Town Plan, a long-term strategic vision for the future that recognises the unique nature of our towns, their histories and the community that brings them together. It should be driven locally by communities and not imposed from the top down. Transparency of ownership and powers to tackle derelict or dangerous buildings also need further action.

Claire Baker MSP, Convener of the Economy and Fair Work Committee said: “This report should signal a line in the sand for how we support, develop and prioritise investment in our town centres. We all know a town centre that has empty shops, a lack of investment and few thriving businesses.

“Throughout this inquiry we heard that although the pandemic accelerated trends towards online shopping, people really care about the future of their town centre and what is on their doorstep. The positive benefits that a thriving town centre can bring are clear – not just economically but socially and culturally as well.

“As we move into a challenging period of our retail sector, our Committee is unified in its call that vibrant, thriving town centres must be prioritised. This report recognises that the only way to do that is through changing how we support these developments through various measures from planning to non-domestic business rates.

“This report signals that change is needed. We know there is no quick fix but unless we start now, then we won’t be able to halt the accelerated decline of recent years we’ve seen already in too many communities across Scotland.”

Specific measures include:

Strengthening the National Planning Framework 4 (NPF4) to ensure that any proposed developments can demonstrate that town centre sites have been pursued and thoroughly evaluated and that developments will have no adverse impact on town centres and will not compete with town centre provision.
The overarching principle must be rebalancing the cost of doing business in town centres versus out-of-town sites. Approaches that could be considered include giving Councils the power to levy an out-of-town development premium or a business rates surcharge which could then be used for town centre regeneration.
The current non-domestic rates (NDR) system acts as a disincentive when trying to attract businesses back to our town centres. For businesses already located in town centres, the current NDR system acts as a disincentive to invest in already occupied property, as any investment leads to an increase in NDR. The Committee consistently heard that the current system works against investment and growth in town centre retail and that the NDR system should be rebalanced to support town centre development.
There is strong demand amongst Scotland’s smaller retailers for more and better support to build their online presence and to be able to take advantage of platforms that already exist. A broader range of opportunities must be made available to upskill, strengthen and future-proof our retail workforce.
Transparency of beneficial ownership of town centre property and land and absentee owners can still be a problem, particularly where an individual lives or is based overseas. It is the Committee’s strong view that all property and landowners should be contactable and there should be clarity on who the owner is. The Scottish Government has said its focus is on Compulsory Purchase Orders. The Committee is of the view that the Scottish Government’s actions may be insufficient and that more may need to be to address this problem.
Local authorities have a range of powers available to them to tackle derelict or dangerous buildings but they are not used as frequently or proactively as we would like. There can be a reluctance to resort to those statutory powers, in part due to a lack of resources to carry actions through. The Committee welcomes the Scottish Government’s commitment to reform and modernise the compulsory purchase orders.
The Committee recognises the value of, and increased demand for, online and e-commerce activities and the importance of increasing the use of technology as a driver of increased productivity. A strategically driven action plan should be developed by the Scottish Government to support the take-up of training and capacity building to support Scotland’s eCommerce activity.

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Holyrood Committee launches call for views on community planning

An inquiry has been launched into the impact of Part 2 of the Community Empowerment Act (2015) (“the Act”) on community planning and how Community Planning Partnerships (CPPs) can respond to significant events such as the Covid-19 pandemic and the current cost-of-living crisis.

The Committee is seeking views from organisations directly involved in Community Planning Partnerships as well as communities and individuals about the impact the Partnerships have had.

Community Planning aims to improve how organisations such as local government, health boards, and the police work together with other partners to improve local outcomes in an area.

Commenting, Committee Convener Ariane Burgess MSP said: “The Community Empowerment Act recognised in 2015 how important community planning is to improving people’s lives across Scotland and our inquiry will seek to understand how successful the Act has been in bringing partners together to deliver better services that make a real difference to people’s lives.

“We want to understand how effectively Scotland’s Community Planning Partnerships have been able to respond to challenges such as the current cost crisis and unprecedented events such as the COVID-19 pandemic.

“By hearing directly from organisations involved in Community Planning Partnerships as well as from communities and individuals about the impact the Partnerships have had we can understand what further improvements may be required to truly empower communities, tackle inequalities and bring about real change.”

Let the Committee know your views here.

The inquiry’s call for views closes on 30 December 2022.