Public Policy Highlights May 2025 including Natural Environment (Scotland) Bill and making non-fatal strangulation a standalone offence

The expertise and insight of the Law Society Policy team and its network of committee volunteers is held in such high regard that we are often called to give evidence at Parliament.

May was particularly busy in this respect, with three Law Society committee members and two members of the staff team appearing at the Scottish Parliament.

Natural Environment (Scotland) Bill

Following on from the Society’s response to the Scottish Parliament’s Rural Affairs and Islands Committee’s call for views on the Natural Environment (Scotland) Bill, Jamie Whittle, convener of the Society’s Rural Affairs and Environmental Law sub-committees, gave evidence in Parliament on 7 May.

The Scottish Government introduced the Bill to improve biodiversity and regenerate the natural environment.

Jamie said: “The statistics in nature decline are sobering, so something significant has to be done. I think the key – and I’m sure that this will come out in the session today – is making sure that these targets can be properly implemented and that they are robust and resourced.”

Commenting on the issue of incentivisation, he drew the Committee’s attention to the Agricultural and Rural Communities (Scotland) Act 2024, which replaces the rural payments scheme and focuses on incentivisation. He also highlighted a suite of laws which have been introduced or consulted on (Wildlife Management and Muirburn (Scotland) Act 2024; the Land Reform (Scotland) Act; and crofting law reform proposals, 2024) and noted the benefit of taking a holistic approach to the issues in hand.

Find out more about our work on the Bill and watch the evidence session

Financial considerations when leaving an abusive relationship

The Scottish Parliament’s Social Justice and Social Security Committee is looking into the financial implications that women face when leaving an abusive relationship and have cited some disturbing numbers: Police Scotland recorded 61,934 incidents of domestic abuse in 2022-23, and according to its figures more than 80% of survivors of this abuse were female.

Aaliya Seyal, CEO at the Legal Services Agency and a member of the Law Society’s Access to Justice Committee, gave evidence at the Scottish Parliament on 8 May, alongside colleagues from the Govan Law Centre and the Scottish Legal Aid Board.  

Aaliya stressed that the system for means assessment needs to be reviewed both in relation to advice and assistance and civil legal aid. She noted that the complexity around means assessment and the lack of clarity regarding what assets may be taken into consideration may actually deter people from seeking the advice they need, particularly if they are still in an abusive relationship.

Following the evidence session, Aaliya said: “While legal aid is available for domestic abuse cases, serious obstacles remain. Means testing frequently fails to reflect the financial control many victims experience, and the current fee structure urgently needs reform to increase greater access to legal representation in this area.”

Read our response to the consultation and watch the evidence session

Civil legal aid inquiry

The Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee is looking at civil legal assistance and grant funding for advice organisations. It has invited views on what is and is not working within the current civil legal aid system and what changes could be made in the short and longer term to address access issues.

The Law Society welcomed the inquiry and submitted a written response, which Society President Pat Thom followed up with oral evidence at Parliament on 13 May.

In the company of fellow witnesses from the Legal Services Agency, Shelter Scotland, Citizens Advice Scotland and JustRight Scotland, Pat explained the barriers to those in need accessing legal aid. She highlighted low availability and shortage of legal aid practitioners, stating that this was due to a combination of the low fees paid to such practitioners and the unsustainable business model leading to practitioners leaving the sector. In addition, the low fees do not appeal to younger practitioners who can choose to work in sectors that offer a better work-life balance, and the overly bureaucratic and complex civil legal aid system compounds the problem.

Find out more about our contribution to the inquiry and watch the evidence session

Make non-fatal strangulation a standalone criminal offence in Scotland (Petition 2136)

Non-fatal strangulation (NFS) is increasingly recognised as a severe form of domestic abuse. Fiona Drouet, CEO and Founder of EmilyTest, raised the petition calling on the Scottish Parliament to urge the Scottish Government to make NFS a standalone criminal offence in Scotland.

Law Society of Scotland Policy Executive and Secretary of the Criminal Law Committee, Liliana Torres Jimenez, gave evidence at Parliament on 21 May alongside colleagues from the Crown Office and Procurator Fiscal Service, Police Scotland and the Police Service of Northern Ireland.

Liliana represented the Society’s neutral position on the creation of a standalone offence of NFS, stating that these types of incidents are already covered by the common law offence of assault. However, she noted that evidence from comparable jurisdictions demonstrates that introducing a standalone offence may have a positive impact on community education on the serious effects of NFS and the safety of victims.

The creation of a standalone offence of NFS could make statistics available that may contribute to better understanding of the scale of the problem. However, the allocation of appropriate resources is critical to ensure the enforcement of new provisions.

Read our response to the consultation and watch the evidence session

Cost-effectiveness of public inquiries call for views

Noting that public inquiries often involve significant sums of money, the Scottish Parliament’s Finance and Public Administration Committee issued a call for views to examine the cost-effectiveness of public inquiries in Scotland.

The Law Society’s Director of Law Reform, Michael Clancy, gave evidence at Parliament on 27 May.

Following on from the written response by the Society’s Constitutional Law and Human Rights Sub-committee, Michael pointed to Section 17 of the Inquiries Act 2005, which states: “In making any decision as to the procedure or conduct of an inquiry, the chairman must act with fairness and with regard also to the need to avoid any unnecessary cost (whether to public funds or to witnesses or others).”

Responding to suggestions that in recent high-profile inquiries there seemed to be little evidence of cost control, Michael said that the parliamentary committee inquiry into time and cost spent is extremely important. He explained a point made in the Society’s written submission and suggested that the public sector might learn lessons from the private sector on cost control and project management.

Find out more about the consultation and watch the evidence session

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