September 2024 Public Policy highlights

Take a look at the Public Policy highlights from the various Society committees for September 2024.

Crofting consultation 2024: proposals for crofting law reform

The Law Society of Scotland has advocated for modernising the legal framework relating to crofting for many years, including publishing a Crofting Law Reform paper in October 2020. The object of this paper was to highlight the need for reform of the law in this area and to propose specific legislative change.

So when the Scottish Government launched its 2024 Crofting Consultation: Proposals for Crofting Law Reform, the Society’s Rural Affairs Committee relished the opportunity to respond, referring to its earlier paper when relevant.

The Committee’s response highlights the extensive ongoing and prospective legislative and policy reform concerning land reform and the agricultural and environmental legal landscape, noting in particular the Land Reform (Scotland) Bill and the recent passage of both the Agricultural and Rural Communities (Scotland) Act 2024 and the Wildlife Management and Muirburn (Scotland) Act 2024.

The response also notes further prospective legislative and policy changes concerning biodiversity and land use, including the introduction of a Natural Environment Bill providing for statutory nature recovery targets and changes relating to deer management.

The Committee stresses the importance of considering the interplay and overlap between such reforms to ensure a consistent and aligned approach. It is important that there is clarity as to how these proposals are intended to align with other relevant areas of law and practice, and that there is consideration of any unintended consequences. In particular, we stress the importance of ensuring consistency across different areas of law to ensure that the objectives in one area are not disrupted by technical obstacles in others.

Read the Committee’s full response

Meet the Rural Affairs Committee Convener, Jamie Whittle

Programme for Government

In the Scottish Government’s 2024-25 Programme for Government, First Minister John Swinney indicated a number of bills would be brought forward in areas that will be of particular interest to Law Society members. These include Adults with Incapacity; Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews; Crofting; and Leases.

Progress will also continue on significant ongoing pieces of legislation, including the Regulation of Legal Services Bill; Victims, Witnesses, and Justice Reform Bill; and Judicial Factors Bill.

The Society noted its disappointment that the Government failed to recognise the urgent need for investment in legal aid and a lack of movement on previously promised human rights legislation.

Find out more from Society President Susan Murray

Judicial Factors (Scotland) Bill

In advance of the Stage 1 debate on the Judicial Factors (Scotland) Bill in the Scottish Parliament on Thursday 19th September, the Law Society provided MSPs with a briefing agreeing that the law relating to judicial factors is in need of modernisation and, subject to some specific comments, supporting the Bill.

While the briefing agreed with the lead committee’s conclusion that a complaints process for judicial factors does not need to be included on the face of the Bill, it was also in support of steps to improve the accessibility of and signposting to existing complaints mechanisms.

Find out more about the Society’s work on this Bill

National Care Service (Scotland) Bill

The Law Society responded to the Health, Social Care and Sport Committee of the Scottish Parliament’s call for views: Stage 2 scrutiny of the National Care Service (Scotland) Bill, noting that comments made previously had not been addressed in proposed amendments (namely that the principles of the Bill are very broadly drawn and it is unclear to whom the principles apply, how they will interact with existing rights and duties and how they will be measured or evaluated).

The response welcomed clarification as to the meaning of ‘human rights’ and the introduction of provisions to allow for review and modification of the principles.

Find out more about the Society’s work on this Bill

Find out more about the Law Society of Scotland’s work to influence law and policy