Law reform roundup

The Society’s committees have been working on a number of Scottish and UK bills and consultations. Key areas are highlighted below. For more information see www.lawscot.org.uk/law-reform

Investigatory Powers Bill

The Privacy Law Committee submitted written evidence and amendments ahead of the House of Commons committee stage on 12 April, warning that despite moves to protect client communications with solicitors, the bill could still fall short. Confidential information between a lawyer and a client contributes to the rule of law, the proper functioning of the courts and is in the interests of justice. The committee also pointed out potential risks relating to the requirement for telecommunications operators to retain data.

Criminal offence of domestic abuse

The Criminal Law Committee responded to the Scottish Government on a draft provision creating a specific offence of “abusive behaviour in relation to a partner or ex-partner”. It believes that clarity is needed if the provision is to help people affected by either physical or psychological abuse; and it is essential that any offence extending beyond physical abuse or behaviour is clearly defined. The committee also called for support for those who have either emotionally or physically abused their partners, in addition to providing support for victims of abuse, so they can recognise the impact of their abusive behaviour, and learn to change their behaviour to prevent a recurrence.

Child safety online

The Criminal Law and Privacy Law Committees responded to a UK Government consultation paper on age verification for pornographic websites. Child Safety Online: Age Verification for Pornography identifies the problem of a large number of young people being able to access adult websites – up to 20% of those under 18 and 13% of those aged six to 14 – and the damaging effect this can have. The submission warned that the proposals could be counterproductive and potentially drive those producing online pornographic content to websites hosted in countries that would not cooperate, resulting in even less protection for children.

Clandestine civil penalty

The Immigration & Asylum Law Committee responded to a UK Government consultation on proposals to improve the UK’s clandestine civil penalty regime to encourage more hauliers to secure their vehicles more effectively. It believes that strengthening the regime on the transportation industry will protect the passage and entry of goods into Britain, but may further prevent genuine refugees entering the UK. It highlighted the need for the UK to make efforts to ensure that there are safe and accessible ways for individuals to make a claim for asylum with the UK. It also expressed concerns about the effect that higher penalties could have on smaller businesses, and suggested that a system of grants or economic assistance may be necessary to allow small businesses to invest in new technology to secure their vehicles.

Adults with incapacity

The Society has proposed major changes to the law for adults with dementia, learning disabilities and other causes of incapacity following a comprehensive review. The Mental Health & Disability Committee responded to a Scottish Government consultation on a report by the Scottish Law Commission with the view that the current system frequently and seriously lets down vulnerable adults. In particular, it believes that the current position under the Adults with Incapacity (Scotland) Act 2000 is inefficient and ineffective, and fragmented operation across the UK jurisdictions wastes public resources and drains legal aid funds. The Society urged political parties to commit to updating or reviewing specific areas of legislation in its priorities for the next Scottish Parliament. Please visit: www.lawscot.org.uk