§ 63. Lieut.-Colonel MOOREasked the Secretary of State for Scotland whether, in view of the Court of Session decision in regard to the Marr Trust, he will consider introducing legislation designed to safeguard the wishes of testators being carried out after their death?
§ Mr. SKELTONNo, Sir. My right hon. Friend does not consider that such legislation as is suggested is called for. My hon. and gallant Friend will remember that Parliament has entrusted the present Endowments Commission, as it did its predecessor of 1882, with a large discretion to review and revise educational endowments. But these powers are subject to appropriate safeguards—provisions for publicity and consideration of objections, for review by the Scottish Education Department, for appeal to the Court on questions of Law, for appeal to the Houses of Parliament—before a scheme is submitted to His Majesty in Council for approval.
§ Lieut.-Colonel MOOREThis is a matter of some substance to Scotland, and I should like to ask whether it is the considered policy of the Government to allow an outside body like the Educational Endowment Commissioners to interfere with the deliberate wishes of a testator who desires to have this money put to a definite purpose?
§ Mr. SKELTONThe hon. and gallant Member is aware that the procedure is the result of an Act of Parliament; and there is no reason to amend the law. It is the course of action adopted in a previous generation. I should like to send my hon. and gallant Friend a copy of the report of the committee upon which the decision was based, in order 1588 that he may see the way in which this difficult question was handled by the committee.