Criminal Justice (Scotland) Bill
The Society continues to press for s 57, which abolishes the requirement for corroboration, to be removed from the bill.
Criminal law convener Ian Cruickshank has been appointed to Lord Bonomy’s review group. While the Society will fully engage with the review, it firmly believes that removing s 57, to allow for a statutory review examining how the corroboration requirement works with all other aspects of the Scottish criminal justice system, followed by a short bill to give effect to any recommendations, is the best way forward.
In oral evidence to the Scottish Parliament’s Standards, Procedures & Public Appointments Committee inquiry into lobbying, the Society advised that plans to increase transparency at Holyrood are unlikely to be effective unless a clear, straightforward definition is provided for what constitutes “lobbying” and who is a “lobbyist”; and that clear lobbying rules are needed in order to ensure public trust.
A briefing to peers on the Immigration Bill expressed the Society’s concerns about plans to remove judicial discretion in cases that engage the European Convention, article 8 right to respect for private and family life. The bill proposes that “little weight should be given” to a private life or relationship when a person’s immigration status is “precarious”.The Society is concerned that these measures limit judicial discretion and human rights in the UK, and may be incompatible with European human rights law.
Revenue Scotland and Tax Powers Bill
The Tax Law Committee submitted written evidence to the Scottish Parliament on the Revenue Scotland and Tax Powers Bill. It acknowledged the bill’s attempt to strike a balance between meeting the immediate needs for existing devolved taxes, and establishing the framework which could be extended to more, or all, taxes in due course. In striking this balance, it urged that priority is given to creating an effective system for the taxes already devolved, rather than attempting to be comprehensive, given the restricted legislative timeframe and resources available.
Energy Law Committee
The first meeting of the Society’s new Energy Law Committee took place on 24 February. The committee will consider and respond to proposals for reform of the law in Scotland, in particular looking at the oil and gas and renewable sectors.
The committee appointed Richard Hothersall from McClure Naismith as convener and Aileen McCallum from HBJ Gateley as vice convener. Other members are Stephen Rennie, Laura Bogucki, Aileen McCallum, Gail Watt, Richard Hothersall, Sarah Beattie-Smith, William Braes and Sarah Jane McArthur.
The committee is still recruiting for new members. Please contact Brian Simpson email@example.com / 0131 476 8184 for further information.Full details of the above, and further information on the work of the Law Reform department, can be found at www.lawscot.org.uk/forthepublic/law-reform-consultations-and-bills The team can be contacted via firstname.lastname@example.org, or follow us on Twitter: @lawscot
In this issue
- The role of "attachment" in child custody and contact cases
- No protocol – what expenses?
- Ecocide: a worthy "fifth crime against peace"?
- Mandatory mediation: better for children
- Reservoir safety regulation: a changing landscape
- Reading for pleasure
- Opinion: Mark Hordern
- Book reviews
- President's column
- Digital deeds move closer
- Fair access - a fair way to go
- No protocol – what expenses? (1)
- Hedges: not all bad news
- Daring to be different
- Financial planning or wealth management – is there a difference?
- Success in the balance
- Wealth management for business leaders and owners
- Purpose of the protocol
- Actionable data wrongs?
- Land Court: business as usual
- Penalty points
- Scottish Solicitors' Discipline Tribunal
- Fever pitch
- Heritage regained
- All grist to the mill
- Wills: is it OK to act?
- Gongs, dinners and just deserts
- Perils of the home
- Ask Ash
- Scots lawyers debate Union in London
- Public Guardian news roundup
- Law reform roundup
- Personal Injury User Group at your service
- Diary of an innocent in-houser