Public policy highlights

The Society’s policy committees analyse and respond to proposed changes in the law. Key areas from the last few weeks are highlighted below. For more information, see research and policy.

Disabled young people

The Mental Health & Disability Committee responded to the detailed call for views on the Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill. The response was supportive of the aim of the bill to improve outcomes for disabled children and young people in the transition to adulthood, and of legislative measures to achieve its aim. However it highlighted a need for clarity regarding certain provisions, including the definitions of “child” and “young person”, and regarding interaction with the Adults with Incapacity (Scotland) Act 2000 for those aged 16 and over. The response also called for clear, effective and accessible mechanisms for disadvantaged persons to seek redress or remedy under the bill, including the availability of a mediation service. In addition it highlighted other current legislative developments which may interact with the bill, and called for care to be taken to avoid any inconsistency or duplication in legislation.

Economic crime

The Society issued a briefing on the Economic Crime and Corporate Transparency Bill ahead of its second reading in the House of Commons on 13 October. 

Seeking to complement the Economic Crime (Transparency and Enforcement) Act 2022, and to address the use of corporate structures in the UK being used for the purposes of economic crime, the bill reforms Companies House, improving its functionalities and the accuracy of companies data, and the law on limited partnerships, by amending the powers of the Registrar of Companies.

It also proposes to provide law enforcement with new powers to seize cryptoassets, and to enable businesses in the financial sector to share information for the prevention and detection of crime. The briefing commented on the position of Scottish limited partnerships, noting that they are a popular vehicle for use in investment, primarily for operating funds or holding commercial property. It noted that the Society is keen to support the Government in ensuring that limited partnerships are not open to abuse by those engaged in criminal activity.

Parole Board Rules

The Scottish Government launched a consultation on the proposed changes to the Parole Board (Scotland) Rules 2001. The consultation aims to update and modernise the rules relating to parole in Scotland.

The Society’s Criminal Law Committee and Mental Health & Disability Law Committee responded at the closing date in October, welcoming the Government’s commitment to consolidating and simplifying the 2001 Rules to ensure they are clear and fit for purpose. The response welcomed: 

• a proposed update to the rules to provide for the preparation of an up-to-date risk management plan, prior to consideration by the Parole Board;
• a proposal to provide a checklist to ensure that individuals appearing before the Parole Board are fully prepared;
• proposals relating to decision notes providing reasons for release;
• proposals to appoint a representative for prisoners who lack capacity. 

Concern was expressed in relation to proposals to appoint special advocates in cases where information is withheld for reasons of national security. Further, the response noted that any proposal to alter victim notification requirements should not be considered until the conclusion of an ongoing independent review.

The response also requested clarity in respect of proposals to implement a review of the decision of the Parole Board, as it was not clear whether this was intended to provide an additional step in the process or to replace the current system of judicial review.

See the website for more about the Policy team’s work with its network of volunteers to influence the law and policy.