Editorial: Another year

As 2022 gets into its stride, how are we doing? I have heard various people say they had to curtail their Christmas plans, due to the interference, actual or suspected, of coronavirus. For some, the experience was worse than the previous year when we at least knew in advance that get-togethers would be very limited.

It is to be hoped, however, that the early months of this year will be less of an ordeal, without the lockdown restrictions that made their 2021 equivalent a struggle for many. That still depends to an extent on everyone doing what they can to limit the spread of infection, even if we weary of face coverings, distancing, testing and the rest after all this time. I have never subscribed to the view that face coverings are an infringement of freedom – an enabler of freedom, more like, if they permit more activities to be safely undertaken than would otherwise be the case, and if their use offers more reassurance to the vulnerable.

To achieve anything resembling normality, it seems to me, we have to assume the continuing presence of one or more variants of the virus in our midst, and not shrink from deploying a combination of measures, while seeking to avoid restrictions that are socially and economically unsustainable. It may be difficult, but it is a better strategy than, for example, founding on the latest variant being supposedly less severe than its predecessor as a reason for inaction, if that leads to transport and other vital sectors, as well as the health service, being crippled due to staff absence. Achieving freedom is not as black and white as the more libertarian politicians would have us believe.

Barring further disruption, what else can our profession expect of this year? On past form it will be several months before we hear the Scottish Government’s proposals following the consultation on regulation. Hopefully, rather than Esther Roberton’s solution in search of a problem, they will focus on the matters that clearly need fixing. Talking of which, can ministers continue to stall on legal aid, especially if the withdrawal from duty schemes now being announced by various local bars becomes widespread? The revelation before Christmas that payments to legal firms in the first year of COVID fell by 24% (£31.8 million), has only added to solicitors’ determination to take a stand.

Court lawyers can expect further arguments over the proposed rules for remote and in-person hearings; and those in criminal work face ongoing debate over corroboration, not proven, and even jury trial itself, as the Lord Advocate has more than hinted in relation to sexual assaults.

In short, the year is unlikely to be a quiet one. My wish for us all is that it at least brings a positive feel.