Public policy highlights

The Society responded to the amendments introduced by the Scottish Government at reconsideration stage for the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, and was then asked to give evidence to the Scottish Parliament Equalities, Human Rights & Civil Justice Committee.

After the Parliament passed the bill in March 2021, it was referred under s 33 of the Scotland Act to the Supreme Court, which ruled that some elements were not within the Parliament’s powers. This is the first time a bill has gone to reconsideration stage. A motion to reconsider the bill must be agreed to by the Parliament. Standing orders do not set out a formal role for committees to conduct scrutiny; in this case, the committee asked for written evidence followed by an invitation to stakeholders to give evidence in person.

The Society is pleased to see UNCRC incorporation being reconsidered, and remains supportive of the bill’s intentions. It highlighted the importance of duty bearers having the necessary resources and capacity to comply meaningfully, balancing this with the importance of furthering rights in Scotland for children and young people.

The response discussed complexities and the need to take into account children’s rights under the new Act, relevant provisions in Acts of the Scottish Parliament, and compatibility and relevant provisions in Acts of the UK Parliament, their impact and effect. It said that the Scottish Government could provide detailed guidance, taking into account each article of the UNCRC and identifying the relevant Scottish and UK legislation. The Society favours post-legislative scrutiny, and discussed lessons to be learned from the UNCRC Bill process, ahead of any Scottish Human Rights Bill.

Once a bill has been approved on reconsideration, it is subject to a four week period during which there can be a legal challenge under s 33 or s 35 of the Scotland Act, failing which it may be submitted for Royal Assent by the Presiding Officer.

Find out more at the Society’s page on the bill

The Society issued a briefing on the Investigatory Powers (Amendment) Bill ahead of its second reading in the House of Lords.

The bill seeks to update parts of the Investigatory Powers Act 2016 (“IPA”) to ensure the UK’s investigatory powers structure can adapt to evolving circumstances and threats, and that the IPA is effective for intelligence services, law enforcement and other public authorities.

Welcoming the bill, the Society noted that it seeks to amend s 23(3) of the Freedom of Information Act 2000 regarding bodies dealing with security matters, and commented that the proposed amendments should be consistent with freedom of information legislation in the UK, and the bill should include the implications of any proposed amendments to the Freedom of Information (Scotland) Act 2002.

It also commented on investigatory powers legislation in the UK, as the bill seeks to amend ss 1 and 2 of IPA and s 65 of the Regulation of Investigatory Powers Act 2000. However the bill does not include the Regulation of Investigatory Powers (Scotland) Act 2000, and the Society believes the proposed amendments should be consistent with the regulation of investigatory powers legislation in the UK.

Find out more at the Society’s page on the bill

The Society’s Consumer Law and Licensing Law Subcommittees responded to the Scottish Government consultation Funeral director licensing scheme for Scotland, which sought views on a licensing scheme for funeral directors.

The Burial and Cremation (Scotland) Act 2016 gives Scottish ministers the power to establish an inspection regime for burial authorities, cremation authorities and funeral directors, and to set up a licensing scheme for funeral director businesses. A key aspect is the development of regulations and codes of practice in ensuring minimum standards of care of the deceased.

Ministers propose to bring into force part 5 of the Act, to introduce a licensing scheme which will apply to anyone who carries on business as a funeral director in Scotland. The Society supports the proposal to publish and maintain a directory of licensed funeral directors, and agreed that ministers should be designated as the licensing authority.

Rather than the proposed three-year duration of a licence, the Society suggested that due to the sensitive nature of business practices, licences should be granted for one year to ensure funeral directors maintain practice standards and continually review their processes. The Society also commented on the proposed approach to licence suspensions and revocations; it did not consider that granting a licence to a business title as opposed to a named individual would be advisable, as any disbarred individual could simply acquire the licensed business.

Find out more at the Society’s consumer law page

Find out more about the Society’s work in its research and policy section