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SPICe briefings
Date published:
5 February 2021
Local Government Finance: Budget 2021-22 and provisional allocations to local authorities - Local Government and Scottish Government historic changes
We use 2013-14 as the base year for these calculations as that was the year that responsibility for police and fire services (and the associated funding) was transferred to the new central organisations. Doing completely accurate comparisons prior to 2013-14 is impossible, as estimates and assumptions have to be made to account for the police and fire issue...
Committee reports
Date published:
22 January 2021
Stage 1 Report on the European Charter of Local Self-Government (Scotland) Bill - Outline of the Bill
Other remedies ordinarily available under a judicial review would also be available. But this was a new remedy specific to the Bill;iOfficial Report, 9 December col. 33
Section 6 empowers the Scottish Ministers to make such provision as they consider necessary or expedient in consequence of a declaration of incompatibility, by way of regulations.
SPICe briefings
Date published:
12 January 2021
Update to the Climate Change Plan - Background Information and Key Issues - Adaptation
This has three overarching themes, with related priorities:
Table 1 - Scottish Climate Change Adaptation Programme 2019 – 2024; Key ThemesOverarching ThemeAdaptation PriorityNatural EnvironmentTerrestrial species and habitatsForestrySoils and agricultureFreshwater rivers and lochsMarine and coastal ecosystemsBuildings and Infrastructure NetworksFlooding and coastal erosion risk managementSurface water and sewer floodingDevelopment in flood risk areasResilience of buildings to extreme wind and rainWater demand in the built environmentDesign and location of new...
SPICe briefings
Date published:
9 December 2020
Domestic Abuse (Protection) (Scotland) Bill - The story so far
This legislation overhauled the criminal law, creating a specific stand-alone criminal offence of domestic abuse. The new offence covers not just physical abuse but other forms of psychological abuse and coercive and controlling behaviour that were previously difficult to prosecute.
Committee reports
Date published:
9 December 2020
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill - Stage 1 Report - Duration of Redress Scheme
The Explanatory Notes accompanying the Bill state, however, 'that this may only be done at such point as the redress scheme has closed for new applications, there are no ongoing applications or ongoing requests for fee payments from solicitors, and Redress Scotland no longer has (or as a result of these regulations will no longer have) the functions detaile...
Committee reports
Date published:
14 October 2020
Defamation and Malicious Publication (Scotland) Bill: Stage 1 Report - Remedies/new remedies
Remedies/new remedies
Some of the media respondents to the call for views were very concerned that this power was not limited to being used once a final decision in relation to a case had been issued.
Committee reports
Date published:
22 September 2020
Stage 1 report on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill - Exclusions from the duty ‘to have regard to’ the principles (s10(3))
They stated it “is not to exclude from consideration the wider issues of how much resource should be applied to environmental issues or goals; it is about the specific processes for budgets and finance, which we see as not being within the purview of the new duty to have regard to the principles”.iiEnvironment, Climate Change and Land Reform Committee, Offi...
Committee reports
Date published:
22 September 2020
Stage 1 report on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill - Power – or duty – to align with EU law (s1)
ClientEarth emphasised the importance of “adequate democratic processes, including meaningful consultation with the public and proper scrutiny by the Scottish Parliament” and that, “without this, there is a risk that these powers are used to introduce new legislation and regulation ‘by the backdoor’”.
SPICe briefings
Date published:
21 September 2020
United Kingdom Internal Market Bill 2019-21 - Non-discrimination
Clause 19(7) contains a power allowing the Secretary of State by regulations to add to, remove from or vary the list of legitimate aims, allowing them to react to new circumstances which have not yet been envisaged.
SPICe briefings
Date published:
8 September 2020
Common Frameworks - Executive Summary
Memorandums of Understanding or Concordats), for which the Scottish Parliament currently has no formal scrutiny mechanisms; and
remaining alert to the possibility that, in practice, the competence of the Scottish Parliament may be restricted by the terms of such intergovernmental agreements, without it having any formal say in the process.
Proactive and innovative new approaches may have to be considered to ensure that Parliamentary scrutiny of common frameworks is as detailed and effective as possible.
