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Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
Would you be content, Mr Choudhury, if we closed the petition but sent a further letter to the Government, highlighting the issues as you have described them and saying that, although we have noted what the Government has said and recognise that it is unlikely to change its mind, this is a matter of concern and we think that it is worth the Government being aware of the continuing difficulties that are arising? Would that help?
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
Thank you very much. Fergus Ewing engaged in the discussion when we last considered the petitions, and he is keen to comment.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
The next petition, PE1973, in the name of Sandy Izatt, calls on the Scottish Parliament to urge the Scottish Government to review the Family Law (Scotland) Act 2006 and provide greater clarity on the division of assets in cases of cohabiting couples who are separating, by removing the use of sheriffs’ discretion rulings in civil cases; providing clear legal guidance to the Law Society of Scotland on the division of assets for cohabiting couples; allowing appeals to be heard when it is determined that a sheriff has the rule of law wrong but has used their discretion to prevent an appeal at no cost to the appellant; and publishing information on what resources have been allocated to provide clear legal guidance.
We last considered the petition on 21 December, when we agreed to write to a number of organisations, including the Scottish Government, the Scottish Law Commission, the Law Society of Scotland and the Family Law Association. We have received submissions from the Scottish Law Commission, the then Minister for Community Safety and the Law Society of Scotland.
The Scottish Law Commission confirmed that judicial discretion was considered as part of its work on reform of the law relating to cohabitation, with its final report and recommended reforms having been published in November 2022.
10:15In her response, the minister was unable to commit to a timescale for bringing forward legislation in relation to the commission’s recommendations but said that the Government was considering how to implement a number of commission reports, including the one on cohabitation, during this parliamentary session.
The Law Society’s response indicates that it would not support the removal of discretion in civil cases, noting that
“Every court decision involves an element of discretion, or judgement, on the part of a Sheriff”
and saying that the society is
“broadly supportive”
of the reforms that are proposed by the Scottish Law Commission.
Colleagues, does anyone have any comment or suggestion to make?
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
We will seek that information.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
A triumph.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
We will write to the petitioner to offer the opportunity that I mentioned and reflect on some of the points that Mr Golden made about the committee not being absolutely certain about what we would be stopping at this stage.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
The petition will remain open and we will write to the various organisations suggested.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
Yes, it might be risky to be sequential here; let us get it all in there now.
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
I thought that you were going to say, “As somebody who uses public toilets”. [Laughter.]
Citizen Participation and Public Petitions Committee
Meeting date: 6 September 2023
Jackson Carlaw
I think that Mr Torrance’s conclusion, as supported by Mr Ewing, was that it does not look as though the Government will change its view on the statutory matter.