Law reform round up May 2016
The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations including the Investigatory Powers Bill, Child Safety Online and the criminal offence of domestic abuse.
The Privacy Law Committee submitted written evidence and amendments to the Investigatory Powers Bill ahead of the Committee stage in the House of Commons on 12 April.
We’ve warned 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. This information requires protection as it’s essential to ensure a client can speak freely with his or her lawyer and that the advice they receive will not be disclosed to the police, the security service or the media.
We have also pointed out potential risks relating to the requirement for telecommunications operators to retain data.
Our written evidence and amendments are available to read on the website
The Criminal Law Committee responded to a Scottish Government consultation on a draft provision to create a specific offence of ‘abusive behaviour in relation to a partner or ex-partner’.
We believe that clarity is needed on the proposals if it is to help people affected by either physical or psychological abuse. It will also be essential that any offence extending beyond physical abuse or behaviour is clearly defined.
We have 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 how to change their behaviours to prevent reoccurrence.
The Law Society’s full consultation response can be found on our website
The Immigration and 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.
We believe that strengthening the civil penalty regime on the transportation industry will protect the passage and entry of goods into Britain, but may further prevent genuine refugees entering the UK. We have 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.
We also expressed concerns about the effect that higher penalties could have on smaller transportation businesses and suggested that a system of grants or economic assistance may be necessary to allow small business to invest in new technology to secure their vehicles.
The Law Society’s full consultation response can be found on our website
We’ve proposed major changes to the law for adults with dementia, learning disabilities and other causes of incapacity following a comprehensive review of the legislation and human rights standards intended to protect vulnerable people.
The Society’s Mental Health and 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, we believe that the current position under the Adults with Incapacity (Scotland) Act 2000 is inefficient and ineffective and the fragmented operation across the UK jurisdictions wastes public resources and drains legal aid funds.
The Society’s full consultation response can also be found on our website