Public policy highlights

The Society’s policy committees have had a busy month analysing and responding to proposed changes in the law. Key areas are highlighted below. For more information see the Society's Research and Policy section.

Scotland Europa

The Law Society of Scotland has strengthened its links with Europe by becoming a member of Scotland Europa, a membership-based organisation that promotes Scotland’s interests across European institutes and member states. The rules set by the EU will continue to influence the law and regulations in Scotland, and the Society will continue to have an interest in the work done there. Equally the EU will have significant influence over the EU-UK Trade and Cooperation Agreement.

Engagement with the EU and its institutions therefore continues to be important post-Brexit as a means to promote the Society, learn from others and represent the interests of the Society’s international members. Having discussed its options with Siobhan Kahmann, the Society’s international Council member, the Society has decided to join Scotland Europa to enable it to continue to have a presence in Brussels.

Aligned with Scottish Enterprise, Scotland Europa promotes Scotland’s interests across the institutions of the EU and to the representatives of Europe’s regions and member states. It has a permanent presence in Brussels and will provide the Society with the support needed.

Proposed Agriculture Bill

The Society’s Rural Affairs Committee responded to the Scottish Government’s consultation on Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill. It noted that there is limited detail as to the proposed measures within the consultation and it is not clear how the proposals will operate in practice. The consultation suggests that the future payment regime will be introduced by a framework bill, with a number of powers to be afforded to ministers to implement the regime by regulations. The response stressed the importance of robust consultation, as well as sufficient parliamentary scrutiny of the regulations.

The need for certainty and clarity for those operating in the agriculture sector was noted, although the benefits of some flexibility were also recognised. The response supported the greater focus throughout the proposals on the environment, including for some payments to be conditional on outcomes that support climate mitigation and adaptation. However, it also highlighted the need and challenges associated with balancing these aims with other factors relevant to the sector, such as the production of high quality food, integrated land management, and food security issues. It further noted a need to ensure that those in the sector are not constrained for cross-compliance purposes by conditions in their lease that prevent them taking certain actions.

Domestic abuse

Scottish Conservative MSP Pam Gosal launched the Proposed Domestic Abuse (Prevention) (Scotland) Bill in August 2022. The proposed bill seeks to make provision for the prevention of domestic abuse and improve support for those affected.

The proposals include creating a domestic abuse register for those convicted of offences; mandatory rehabilitation measures for those convicted of offences; collation and reporting of data related to domestic abuse cases; and education in schools about domestic abuse.

The Society’s Criminal Law and Mental Health & Disability Committees responded, supporting the proposed bill’s aim to reduce the prevalence of domestic abuse in Scotland. The response fully supported the proposals relating to education. However it expressed concerns relating to proposed mandatory anger management, and queried how a domestic abuse register would be implemented given that Police Scotland currently manage a growing number of responsibilities with even tighter restraints on their time, capacity, and resources.

Sentencing: death by driving

The Scottish Sentencing Council launched its first offence-specific guideline relating to death by driving cases in August 2022. The Council acknowledged that death by driving cases are of particular public concern and can be among the most serious and complex cases for the courts to consider.

The Criminal Law Committee reviewed the draft guideline and considered that it provided an accessible guide for the benefit of sentencers but also the public, press and families of those whose death has been caused as a result of a driving offence.

The Society’s response welcomed the Council’s efforts to ensure that the guideline reflects current sentencing practice while taking account of public perceptions in sentencing. It further noted that the style, structure, and content of the guideline is logical and easy to follow, and recognised that the guideline would increase public understanding of the complex legal issues involved and could also be a useful tool for defence solicitors to advise their clients of potential sentences available.

For more about the Policy team’s work with its network of volunteers to influence the law and policy visit the Research and Policy section.