Law reform roundup

Land Reform (Scotland) Bill

The Society’s Property & Land Law and Rural Affairs Committees submitted written evidence to the Scottish Parliament on the Land Reform Bill. They maintain that the bill lacks sufficient detail or clarity in a number of areas to enable stakeholders to understand the changes and act or prepare accordingly. Much of the proposed legislation serves only to provide a framework for important changes, leaving the detail to regulations. They also raise concerns that agricultural holdings legislation has been included – part 10 contains significant changes that ideally would have been dealt with separately. They are pleased to see, however, that s 68 provides the ability for a local authority to apply to the court for authority not only to dispose of, but now also to appropriate, land as part of the common good. The Society will give oral evidence on part 10 to the Parliament on 16 September.

Succession (Scotland) Bill

The Trusts & Succession Committee submitted written evidence on what is likely to be the first of two bills. This bill is quite technical in nature while the second, on which the Government is currently consulting, will address issues such as intestacy, protections for disinheritance and protections for cohabitants. While there may be more to say on the second measure, the committee made the general point that the opportunity to amend succession law does not arise very often, and we have a collective responsibility to ensure that it is done efficiently and effectively. It recommended that the Government brings forward consolidating legislation to provide practitioners and members of the public alike with clarity on this important area of law. The Society will give oral evidence to the Scottish Parliament on 15 September.

Community Justice (Scotland) Bill

The Criminal Law Committee submitted written evidence that the proposed community justice model will help to create a stronger community justice system, based on local planning and delivery with support at national level. The introduction of a new national body, Community Justice Scotland, should raise the profile of community justice and support this model, making improvements in areas such as leadership and identification of best practice. The committee questions whether the definition of community justice could be expanded to include the prevention of crime, rather than just focusing on the reintegration of offenders into the community, with the aim of preventing people from being drawn into the criminal justice system in the first place.

Health (Tobacco, Nicotine etc and Care) (Scotland) Bill

The Health & Medical Law Committee provided written evidence on parts 1 and 2 of the bill. The committee supports part 1, which has the potential to address health and wellbeing and reduce the risk of harm caused by smoking and related disease. The committee, while recognising that e-cigarettes may be a safer alternative to conventional cigarettes, believe that more information is still required on the risks and benefits to public health in general, and particularly to young people. Part 2 relates to a duty of candour. The committee believes that some of the proposals will be resource intensive and impractical to apply, and a balance needs to be struck between providing patients with an apology if something happens to them, without requiring doctors to report every “near miss”. The Society will give oral evidence to the Scottish Parliament on 22 September.

Other evidence

During September, the Society will also give oral evidence to the Scottish Parliament’s Devolution (Further Powers) Committee on the Scotland Bill, and the Scottish Affairs Committee at Westminster on English Votes for English Laws.