Trusts (Capital and Income) Bill [LORDS]


The Committee consisted of the following Members:

Chairs: Mr David Crausby  , †Mr Edward Leigh 

Alexander, Heidi (Lewisham East) (Lab) 

Bray, Angie (Ealing Central and Acton) (Con) 

Buckland, Mr Robert (South Swindon) (Con) 

Chishti, Rehman (Gillingham and Rainham) (Con) 

Cunningham, Alex (Stockton North) (Lab) 

Evennett, Mr David (Lord Commissioner of Her Majesty's Treasury)  

Flello, Robert (Stoke-on-Trent South) (Lab) 

Grant, Mrs Helen (Parliamentary Under-Secretary of State for Justice)  

Huppert, Dr Julian (Cambridge) (LD) 

Johnson, Gareth (Dartford) (Con) 

Lumley, Karen (Redditch) (Con) 

Mearns, Ian (Gateshead) (Lab) 

Penrose, John (Weston-super-Mare) (Con) 

Qureshi, Yasmin (Bolton South East) (Lab) 

Sanders, Mr Adrian (Torbay) (LD) 

Scott, Mr Lee (Ilford North) (Con) 

Shannon, Jim (Strangford) (DUP) 

Sharma, Mr Virendra (Ealing, Southall) (Lab) 

Turner, Karl (Kingston upon Hull East) (Lab) 

Alison Groves, Committee Clerk

† attended the Committee

Column number: 3 

Public Bill Committee 

Tuesday 13 November 2012  

[Mr Edward Leigh in the Chair] 

Trusts (Capital and Income) Bill [Lords]

8.55 am 

The Chair:  Before we begin, I have the usual preliminary announcements to make. Members may, if they wish, remove their jackets during Committee meetings. I should be grateful if all Members ensured that their mobile phones, pagers, Twitter machines and so on are turned off or at least on silent mode. 

Resolved,  

That the Trusts (Capital and Income) Bill [Lords] Committee do meet on Tuesdays when the House is sitting at 8.55 am and 2.00 pm.—(Mrs Grant.)  

Clause 1 

Disapplication of apportionment etc. rules 

Question proposed, That the clause stand part of the Bill. 

The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant):  It is a pleasure to serve under your chairmanship, Mr Leigh. 

The Bill is a short, technical measure that will reform the law of trusts in modest but worthwhile ways. It implements, with minor modifications, Law Commission recommendations. It is the product of careful consideration and consultation with leading experts and stakeholders by the Law Commission and, more recently, the Ministry of Justice. 

The Bill will simplify and modernise the law, and I commend it to the Committee. 

Robert Flello (Stoke-on-Trent South) (Lab):  It is a pleasure to serve under your chairmanship, Mr Leigh. 

Although the measure is a Government Bill, it was instigated by the Law Commission, which started work on it in 2000, under the Labour Government. I again take the opportunity to commend the Law Commission for its unstinting work over a long time. 

Column number: 4 

The Minister kindly wrote to me following the questions I asked in the Second Reading Committee. Although her reply contains no particularly new information, it confirms that the Government are relying on the Law Commission and the Law Society for technical support on the Bill. Given that both eminent organisations, as well as other learned lawyers, have expressed something between contentment and praise for the measure, there is little more that the Committee can add. 

However, in view of the lack of detail in the impact assessment, I urge the Government to keep eyes and ears open for any future representations from those experiencing the effects of the Bill, and to be quick to return to Parliament with any amendments that might prove necessary. 

I look forward to the Bill’s becoming law, and the benefits that it will hopefully bring to practitioners and beneficiaries alike. 

Dr Julian Huppert (Cambridge) (LD):  It is a pleasure to serve under your chairmanship, Mr Leigh, however briefly. 

I have listened carefully to the speeches that the Minister and the shadow Minister have made so far. On reflection, I agree that the Bill is extremely good and worthwhile. Of course, much of it is rather technical, but I congratulate the Law Commission and everyone involved in drafting it and I, too, wish it a speedy passage into law. 

Question put and agreed to.  

Clause 1 accordingly ordered to stand part of the Bill.  

Clauses 2 to 6 ordered to stand part of the Bill.  

Robert Flello:  On a point of order, Mr Leigh. I want to take the opportunity to put on record my thanks to you, your co-Chair, all members of the Committee and all the officers who have supported it. 

The Chair:  It has been an exhausting task. 

Bill to be reported, without amendment.  

8.59 am 

Committee rose.  

Prepared 14th November 2012