Law reform roundup

Tobacco standardised packaging

The IP and Health & Medical Law Committees responded to the UK Government consultation on the introduction of regulations to standardise the packaging of tobacco products. The latter committee highlighted the Society’s support for any initiative which seeks to promote public health, as well as the limited experience available from other countries and the absence of any long- term studies on whether plain packaging would have the desired effect.

The IP Committee highlighted the key intellectual property questions that might arise, including the fact that tobacco companies would be inhibited from being able to distinguish their products from those of competitors. As this is the key function of a trade mark, the question arises as to whether standardised packaging removes the tobacco seller’s ability to use their trade marks, and therefore their main form of branding.

Mental Health (Scotland) Bill

The Mental Health & Disability Committee responded to the Scottish Government’s call for evidence. The committee highlighted the time it has taken to produce the bill, on recommendations made in 2009, and whether or not these still reflect current needs or practice. It had concerns around human rights issues, in particular that the bill does not provide patients detained in a low security hospital the right to appeal against conditions of excessive security, as it only extends such rights to those in a medium security facility. The committee felt that this was restrictive and discriminatory, and has implications for a person’s right to liberty, a private and family life, freedom from inhuman or degrading treatment, and non-discrimination. Further, the extension of the short-term detention period pending an application for a compulsory treatment order from five to 10 working days was no longer necessary and a further encroachment on the patient’s rights.

Wildlife investigative powers

The Rural Affairs Committee responded to the consultation on increasing powers for SSPCA officers. The Scottish Government is proposing to allow them to investigate wildlife crime rather than Police Scotland. The committee is of the view that the proposed powers are more suitable for police officers, and police resources should be increased accordingly. However, failing that, and given the public interest in combating wildlife crime, the committee is satisfied that it is appropriate for SSPCA officers to be granted the proposed powers, which include the ability to search vehicles. The committee considers it essential that appropriate training is provided and that SSPCA officers should be accompanied by a witness. The powers should also be reviewed after two to five years to ensure they are not being abused.

Pension Schemes Bill

The Pensions Law Committee provided a second reading brief to Scottish MPs. The bill takes forward the UK Government’s proposals for risk sharing in private pension arrangements, by setting out a definition of shared risk, and allowing savers flexibility in how they access and apply their defined benefit pension pots. The Society has two main concerns, in relation to indexation requirements and the introduction of the new term “third party promises”, and focuses its briefing on seeking clarification on these points.