Law reform update

Legal Services (Scotland) Bill

The Society gave oral evidence on the Legal Services (Scotland) Bill on 15 December 2009. Following the evidence session, President Ian Smart noted: “The Society broadly supports the bill although we have recommended that some changes be made to ensure that the independence of the profession remains, that there is a level playing field for those providing legal services and for those who will regulate them, that consumers are protected, and that access to legal services across Scotland is a priority.”

Home Owner and Debtor Protection Bill

In November, the Society gave oral evidence before the Local Government and Communities Committee. The Society is pleased to see that the committee has accepted its view that there has not been a full and proper consultation on Part 2 of the bill. The Society wrote to MSPs prior to the stage 1 debate on the bill urging them to ask for further consultation on Part 2. The Society has also commented on some provisions within Part 1, including provisions relating to representation in repossession proceedings.

EU proposed regulation on succession

In November the Society’s Trust and Succession Law Subcommittee responded to a Ministry of Justice Consultation on the European Commission’s proposed regulation on succession matters. The committee took the view that the UK should not opt in at this time but should continue taking part in discussions and perhaps opt in at a later date. The committee highlighted concerns about the proposals, including on the issue of clawback.

The Society is pleased to note that the UK Government has taken up this view. In a ministerial statement the Secretary of State for Justice and Lord Chancellor, Jack Straw said: “The Government have concluded that the potential benefits of this proposal are outweighed by the risks and have therefore decided that the best course of action is not to opt in to the proposal and the UK will therefore not be bound by the outcome.”

Alcohol Etc (Scotland) Bill

The Alcohol Etc (Scotland) Bill was introduced 25 November 2009. The bill aims to reduce the impact of alcohol overconsumption through minimum pricing, restrictions on alcohol promotions, and other measures. The Society’s Licensing Law Subcommittee plans to review and comment on the bill in due course.

Constitutional law papers

Two new white papers on constitutional law have been published. Your Scotland: Your Voice was published by the Scottish Government and seeks to explore options for constitutional reform in Scotland. Scotland’s Future in the United Kingdom sets out the UK Government’s response to the Calman Commission. Both papers will be considered by the Society’s Constitutional Law Committee in January.