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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.
SPICe briefings
Date published:
3 September 2020
Hate Crime and Public Order (Scotland) Bill - Freedom of expression on specific issues
The inclusion of provisions along the lines described above is recommended in Lord Bracadale's report:
Recommendation 16 - A protection of freedom of expression provision similar to that in sections 29J and 29JA of the Public Order Act 1986 and section 7 of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 should be included in any new legislation.
Sections 29J and 29JA of the Public Order Act 1986 are concerned with the existing stirring up hatred offences relating to religion and sexual orientation which apply in England and Wales.
Committee reports
Date published:
30 June 2020
Supply and demand for medicines - Use of technology and packaging to support adherence
Achieving excellent in pharmaceutical care: a strategy for Scotland, page 5"
The University of Strathclyde said "New sensor and monitoring technologies will enable key stakeholders from health care professionals through to the pharma producers to engage more effectively with patients and to understand compliance and adherence."
SPICe briefings
Date published:
17 June 2020
Issue 10: EU-UK Future Relationship Negotiations - Lords report: Brexit legislation and constitutional issues
Many were skeleton bills, providing broad powers to ministers to create new policy regimes and public bodies for the UK after Brexit with little or no detail as to what policy would be implemented or the nature of institutions which would be created.
