Public policy highlights May 2018
Our policy committees have had a busy month analysing and responding to proposed changes in the law. We do this to positively influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership.
You can read more about some of the month's highlights below:
The Obligations Committee, with input from other policy committees, submitted written evidence to the Scottish Parliament’s Delegated Powers and Law Reform on the Prescription (Scotland) Bill at stage 1.
We welcome the introduction of this Bill which would modernise and bring greater clarity to the Scottish law of prescription.
We support the policy underlying the principle in allowing a period for claims to be raised or rights to be asserted and then introducing a “cut-off” point which grants certainty and allows individuals and businesses to organise their affairs. We emphasise the importance of encouraging parties to enforce rights or claims in early course, not least because many years after the fact, evidence will have deteriorated or disappeared and relevant individuals may no longer be traceable, or indeed have passed away.
For these reasons we are persuaded of the practical benefits of the law of prescription, while at the same time recognising that in certain individual cases it can produce results which could be considered unfair.
The Criminal Law Committee submitted written evidence to the Scottish Parliament’s Justice Committee on the Management of Offenders (Scotland) Bill at stage 1.
We fully support the policy objectives set out in part 1 of the Bill to expand the use and provision of electronic monitoring of offenders. We believe that this increases the options available to manage offenders, as well as providing opportunities for those suspected of offending who may be eligible for remand.
Part 2 of the Bill seeks to modernise and improve the Rehabilitation of Offenders Act 1974. There is little doubt that the 1974 Act proved difficult for the public to understand. We support the policy intentions regarding part 2 of the Bill to clarify the legislation so that the requirement to disclose a conviction is better understood by the public.
We also provided comments in relation to part 3 of the Bill, which revises the organisation and function of the Parole Board for Scotland.
The Criminal Law Committee responded to Daniel Johnson MSP’s proposal for a Bill to create an offence, or offences, to increase the protection of workers in the retail sector, particularly those applying or enforcing an age-restriction in relation to the sale or supply of goods or services.
From the evidence supplied, there seems little doubt that those working in the retail sector experience abuse and violence which is not acceptable, and we fully condone this this type of behaviour. We understand the intentions behind the introduction of the proposed Bill. However, we would state at the outset that we are not persuaded that any failure to prosecute arises in relation to any incidents where such conduct occurs and is criminal. There are several reasons where the evidence in the consultation does not appear to support the creation of either a separate or new offence that includes a statutory aggravation.
We believe that the current common and statutory law adequately covers those working in the retail sector where offences occur. Additionally, we consider that judges are already required to take account of the circumstances of the offence on conviction. This will include any aggravation where the offence is committed on any person who is required by nature of their role to interact with the public; such as asking for proof of age or being involved in the sale of age-restricted products.
The Tax Law Committee responded to the Scottish Government’s consultation on an amendment to the Land and Buildings Transaction Tax (Scotland) Act 2013 to allow group relief to apply where: there is a land transaction between one company and another company within its corporate group structure; and there is a share pledge or equivalent arrangement in place.
We welcome the changes to allow companies which have granted share pledges to claim LBTT group relief. We believe it is very important, however, for such changes to have effect from the introduction of LBTT. As the consultation paper points out, this cannot be achieved through secondary legislation, and primary legislation is needed to make the change apply to all transactions since the introduction of LBTT.
Influencing the law and policy
One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.
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