Law reform roundup
Bankruptcy and Debt Advice (Scotland) Bill
The Society provided written evidence on the bill to the Scottish Parliament’s Economy, Energy and Tourism Committee, noting its concern about proposals to remove many parts of the sequestration process from the Scottish courts. It also commented on the significant potential for conflicts of interest due to the proposed extended role of the Accountant in Bankruptcy. The Society will continue to monitor closely the progress of this bill.
Criminal Justice (Scotland) Bill
The Society submitted written evidence to the Justice Committee, reiterating its concerns about proposals to abolish the requirement for corroboration in criminal proceedings. The Society warned that to do so without including sufficiently strong safeguards in the bill could result in a contest between two competing statements on oath and, as a result, bring increased risk of miscarriages of justice.
Marriage and Civil Partnership (Scotland) Bill
The Family Law and Equality Law Subcommittees provided written evidence to the Parliament’s Equal Opportunities Committee, commenting that the bill will expand the ways in which a couple can choose to define their relationship, whether through same-sex marriage, cohabitation or civil partnership. The Society suggested that in order to help people understand the differences between them and/or choose between them, further definition or explanation of the status of each would be useful.
Tribunals (Scotland) Bill
The Society submitted written evidence to the Justice Committee, commenting that the bill should help to modernise the civil justice system of Scotland. However, it voiced concerns that the bill does not directly address the relationship between courts and tribunals, or the status of the Scottish Tribunals Service. The Society considers that these are areas which require further consideration.
Smoking (Children in Vehicles)
Tackling illegal immigration
The Immigration Law Subcommittee responded to UK Government proposals to tackle illegal immigration in privately rented accommodation. The committee said it was concerned that
in a competitive market for tenancies, the creation of any time lag before a contract can be completed may result in the landlord or agent choosing a tenant who does not need verification. This could have the unintended consequence of tenants being refused tenancies even when their immigration status is perfectly regular.
Full details of the above, and further information on the current work of the Law Reform Department, can be found at www.lawscot.org.uk/forthepublic/law-reform-consultations-and-bills The team can be contacted via juliabrown@lawscot.org.uk, or follow us on Twitter: @lawscotIn this issue
- Scotland: a patently obvious choice?
- Bringing order to family law
- Third party rights: behind the times
- Judicial review: closer to the surface
- A time for talent spotting
- Fixing fixed equipment (full version)
- Reading for pleasure
- Opinion column: Charles Ferguson
- Book reviews
- Profile
- President's column
- Moving up the gears
- Justice redefined
- Sep rep: decision time
- Petrodel: could it happen here?
- Clicks forward
- Cover lines
- Family time
- Fixing fixed equipment
- Rights undone
- Directors: not in name only
- Not quite joined up
- Heritage disowned
- Time to start growing your own?
- Are you keen to be mentored?
- LBTT: in with the new
- How not to win business: a guide for professionals
- Ask Ash
- Forum is place to flag up problems
- Scottish Barony Register fee rise
- From the Brussels office
- Law reform roundup
- Diary of an innocent in-houser