Public Policy Highlights June 2025 including Gender Recognition Certificates

Throughout the year, the Law Society Policy team and its network of committee volunteers respond to a variety of consultations and comment on a range of Bills, helping to shape good law for the benefit of its members and in the public interest.

Code of practice for services, public functions and associations: consultation 2025

The Equality and Human Rights Commission (EHRC) launched a consultation on the code of practice for services, public functions and associations to gather feedback on changes made following the UK Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers.

The Law Society of Scotland’s Equalities Law Sub-committee responded to the consultation and while the committee opted not to comment on the updated legal definition of sex throughout the code of practice, it did express its view that the explanation of the legal rights and responsibilities set out in the new content on Gender Recognition Certificates is unclear. It suggested that the explanations would be made clearer by the inclusion of an example of what constitutes discrimination by association.

The response also suggests that the code of practice does not provide adequate guidance on when it is necessary and proportionate to enquire about a person’s birth sex.

Read our full response

Scottish Labour Policy Forum: legal aid

As the next Scottish Parliament election in 2026 approaches, the Scottish Policy Forum invited views from members, trade unions, societies and wider society to inform discussions on key policy areas.

Our Legal Aid Committee responded to the legal aid consultation paper stressing that, in addition to the urgent need for an uplift in fees, ongoing periodic reviews are vital to encourage new entrants to the sector and ensure that legal advice is available to those who need it.

The response also addressed the financial eligibility criteria for legal aid and noted that many people who cannot afford legal representation fall just outside the criteria, leaving them without access to justice.

The committee corrected the misconception that legal deserts occur exclusively in rural areas and noted that they are evident in urban settings across Scotland. It was also noted that the Law Society is contacted on a daily basis by members of the public who have exhausted lists of firms and have been unable to find a legal aid solicitor to represent them.

Read our response, find out about our wider work on legal aid and support our campaign

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