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SPICe briefings
Date published:
27 June 2022
Judicial Review - Other public interest cases
In 2009, the report of the Scottish Civil Courts Review recommended that there should be a new regime for all PEOs in public interest litigation, with the court being required to have regard to specified criteria in their decision-making process.1Scottish Civil Courts Review. (2009).
SPICe briefings
Date published:
27 June 2022
Judicial Review - The UK's departure from the EU and EU retained law
In the post-Brexit era, the key concept which affects judicial review is retained EU law.iEuropean Union Withdrawal Act 2018, sections 2, 3 and 4.
Retained EU law is a new type of UK domestic law. Broadly speaking, it is a snapshot of the EU law which was in place in the UK at the point EU law ceased to apply in the UK.
Committee reports
Date published:
1 June 2022
Citizen Participation and Public Petitions Committee Annual Report 2021-22 - The work of the Committee - Citizen Participation
The Committee considered the recommendations to make Scotland's democracy more participative and inclusive and plans to meet with the Minister for Parliamentary Business on the Scottish Government's response to the report early in the new parliamentary year.
SPICe briefings
Date published:
18 February 2022
Coronavirus (Recovery and Reform) (Scotland) Bill: Criminal Justice, Courts and Legal Aid - Electronic signatures and website intimation
Retrieved from <a href="https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/coronavirus-recovery-and-reform-scotland-bill/introduced/policy-memorandum-accessible.pdf" target="_blank">https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/coronavirus-recovery-and-reform-scotland-bill/introduced/policy-memorandum-accessible.pdf</a> argues that the new rules will allow courts to operate more efficiently (see para 328).
SPICe briefings
Date published:
27 October 2021
Fisheries governance after Brexit - i. General powers of fisheries regulation
Prior to making such regulations, Scottish Ministers must consult the Secretary of State, the other devolved administrations and ‘such other persons likely to be affected by the regulations as the Scottish Ministers consider appropriate.’
The new wide-ranging powers introduced by the Fisheries Act 2020 sit alongside powers to develop fisheries regulations u...
Committee reports
Date published:
8 October 2021
Report on the Legislative Consent Memorandum for the Police, Crime, Sentencing and Courts Bill (UK Parliament legislation) - Criminal Justice Committee scrutiny
The Code of Practice is to be considered by the House of Lords in October, and at that point, a new version should be tabled. Once the Scottish Government is content with the final version of the Code of Practice, it will we lodge a supplementary legislative consent memorandum for consideration by the Committee in relation to those provisions.
Committee reports
Date published:
29 September 2021
Supplementary Legislative Consent Memorandum (LCM) on the UK Environment Bill - Annexe 4
You advised that the Committee acknowledged the differing views between the UK and Scottish Government as to whether the delegated powers in provisions Clause 117 and Schedule 17 (as amended at Committee in the House of Lords), which propose to introduce a new due diligence regime for forest risk commodities, are within the legislative competence of the Sco...
SPICe briefings
Date published:
12 May 2021
Key Issues for Session 6: COVID, Climate and Constitution - Great expectations - setting the scene for change in Session 6?
More recently, the SNP manifesto includes a commitment to introduce a new Local Democracy Bill in the next parliamentary Session which will “further empower local communities and ensure decisions are taken as close as possible to those they affect most”.
Committee reports
Date published:
25 March 2021
Public Petitions Committee Annual Report 2020-21 - Introduction
This decision was taken in response to the Scottish General Election (Coronavirus) Act 2021 which provides that the Scottish Parliament will not be dissolved until 5 May 2021 to permit the Parliament to meet to legislate for a new polling date if required.
In this short Parliamentary year, the Committee has continued its principal function to consider publi...
Committee reports
Date published:
25 March 2021
Education and Skills Committee - Annual Report 2020 - 2021 - The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill
Its aim was to:
set up a scheme to make financial payments (‘redress payments’) to survivors of historical child abuse in care in Scotland or in some circumstances where the survivor has died, to their partner or children; and
to create a new independent public body, called Redress Scotland, to make decisions about these payments.
