Public policy highlights

The Society’s policy committees analyse and respond to proposed changes in the law. Key areas from the last few weeks are highlighted below. For more information see the Research and Policy section.

Circular Economy Bill

The Environmental Law Committee responded to the Scottish Government’s consultation on proposals for a Circular Economy Bill, reiterating views expressed in its 2019 response.

While the committee welcomes proposals aimed at developing Scotland’s circular economy, these proposals do not go far enough to address the core concepts of reducing demand for raw materials and designing products to last.

The creation of an additional body to assume responsibility for development of the circular economy would generate unnecessary costs. The committee acknowledged the role of the individual householder in relation to recycling of waste, and supported a more consistent approach across local authorities. Public education, engagement activities and incentives might be more effective than statutory enforcement and penalties in this nuanced and complex space.

Environmental Standards Scotland

The same committee responded to a consultation from Environmental Standards Scotland (“ESS”) on its draft strategic plan. ESS was established by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 to monitor, investigate and secure improvements to compliance with, and the effectiveness of, environmental law in Scotland.

Potential challenges for ESS around prioritisation of work were highlighted, the response noting that access to relevant data and scientific information will be key to making data-driven decisions. Clear communications and engagement about ESS’s role will be crucial to managing stakeholder and public expectations.

The proposed approach to resolving matters informally with public authorities where possible was supported; a clear commitment to publicise matters dealt with in this way would enable the public to help monitor compliance by reporting further issues.

Victims in the justice system

The Criminal Law Committee led the Society’s response to the consultation Improving Victims’ Experiences of the Justice System, launched in May. Part of a wider Scottish Government review, the consultation seeks views on proposed safeguards for victims of crime during their involvement in the justice system.

It has been informed by the work of the Victims Taskforce and the recommendations from Lady Dorrian’s 2021 report, Improving the Management of Sexual Offence Cases.

Proposals include:

• a Victims’ Commissioner for Scotland;
• anonymity for complainers in sexual offence cases;
• independent legal representation for such complainers;
• special measures to assist vulnerable parties in civil cases;
• specialist sexual offence courts;
• single judge trials in sexual offence cases.

Responses from this consultation are intended to form the basis of priority legislative reform.

Abortion: safe access zones

The Society responded to Gillian Mackay MSP’s consultation on a proposal for a bill to introduce safe access zones around healthcare settings providing abortion services. The response highlighted that any attempt to introduce and enforce safe access zones is likely to engage a range of fundamental human rights, and any legislation must seek to balance these competing rights in line with established domestic and international human rights principles. The key consideration from a legal perspective would be whether banning protests within safe access zones was a proportionate interference with the fundamental rights of protesters.

Disability Commissioner

The Mental Health & Disability Committee responded to Jeremy Balfour MSP’s consultation on a proposal for a bill to establish a Disability Commissioner for Scotland. The response noted that the consultation was largely focused on the Equality Act, which is a reserved matter, and suggested that any Scottish proposals should focus on the UN Convention on the Rights of Persons with Disabilities (“CRPD”), with its broader concept of disability, particularly in view of the intention to incorporate CRPD into Scots law. It also highlighted Scotland’s already crowded landscape of commissioners and organisations with functions relevant to the proposed bill, particularly in light of the commitment to creating a Learning Disabilities, Autism and Neurodiversity Commissioner.

See the Research and Policy section for more about the Policy Team’s work with its network of volunteers to influence the law and policy.