HC Deb 04 April 1910 vol 16 cc13-4

asked the Lord Advocate whether he had any statistics of the cases of misappropriation of trust funds by trustees or their solicitors that had been reported in the last five years to his Department; of the number of these prosecuted by his Department; of the number convicted under these prosecutions; and would he say whether these figures would lead to his introduction of legislation instituting a public trustee for Scotland?


I have caused inquiry to be made into the records of cases of misappropriation of trust funds during the last five years. I find that nine cases have been reported to my Department during that period. In, six cases prosecutions followed, and convictions were obtained. In three cases the accused absconded, and warrants for apprehension were obtained. I consider that legislation in the direction suggested by my hon. Friend is unnecessary. The law of Scotland, differing, as I understand, in this respect from the law of England, makes ample provision for the administration of trust estates subject to audit and to judicial control.


Had a public trustee been appointed in Scotland, as there is in England, would any of these frauds have been prevented?


It would have been impossible to prevent them.