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SPICe briefings
Date published:
27 June 2022
Judicial Review - Sources of EU law which were not retained
Sources of EU law which were not retained
The UK is not retaining:
the Charter of Fundamental Rights of the European Union, except insofar as its rights are replicated in other parts of EU retained lawiEuropean Union (Withdrawal) Act 2018, section 5(4).
the legislative instruments known as EU directives themselves.
Committee reports
Date published:
25 May 2022
Annual Report of the Health, Social Care and Sport Committee for 2021-22 - Health and Care Bill
The Committee reported to Parliament on 9 February 2022 and 20 April 2022 expressing its agreement with the Scottish Government's recommendation that, with the exception of the clause relating to the advertising of less healthy food and drink, legislative consent with respect to the UK Health and Care Bill should be granted.
Committee reports
Date published:
25 March 2021
Local Government and Communities Committee Annual Report 2020/21 - Introduction
The Scottish Parliament agreed on 3 March 2021 to vary Standing Orders so that committees could not meet during the pre-election campaign period (with the exception of the COVID-19 Committee, which may be convened in an emergency).
SPICe briefings
Date published:
2 June 2020
Issue 8: EU-UK Future Relationship Negotiations - UK legal text special edition - Bilateral Agreements
See also House of Commons Library (2020) Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21 but are generally more extensive than the UK’s proposed draft text and less extensive than the current EU rules. The exception is an agreement signed with Ireland in February 2019 which broadly replicates EU 883/2004 for people moving between...
SPICe briefings
Date published:
20 November 2019
Resolving parenting disputes: Scotland compared to other countries - Mandatory information requirements
Mandatory information requirements
In England and Wales, it became a statutory requirement under the Children and Families Act 2014 to attend an information meeting about mediation (a 'MIAM') before being able to begin court proceedings (subject to certain exceptions and possible exemptions). The meeting also involves an assessment of a person's potential ...
SPICe briefings
Date published:
18 November 2019
Agriculture (Retained EU Law and Data) (Scotland) Bill - Public Intervention and Private Storage Aid
The UK Agriculture Bill instead made provision for support during 'exceptional market conditions'. While the UK Agriculture Bill has now fallen with the prorogation of the UK Parliament on 8 October 2019, it will be up to a new UK Government to decide the future of this legislation.
Committee reports
Date published:
3 July 2019
What should primary care look like for the next generation? - Annexe C - Primary Care Public Panels
Primary Care is generally the first point of contact with the NHS (except for Accident and Emergency) for most people in Scotland when they need to access healthcare.
Committee reports
Date published:
24 January 2019
Stage 1 Report on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill - The Barnahus in Norway
It has been suggested that the Barnahus model may be seen as an exception to Norway’s primarily adversarialiAn adversarial criminal process is based on the prosecution and defence putting forward their arguments to the court, rather than an inquisitorial one where the judge has a more active role. criminal justice system.ii See for example the article “the ...
Committee reports
Date published:
7 November 2018
Age of Criminal Responsibility (Scotland) Bill Stage 1 Report - Part 2 - Disclosure of convictions and other relevant information rleating to time when a person is under 12
This provision is only to be used in exceptional circumstances and safeguards have been put in place to ensure that this is the case (these are explained in the section headed ‘Independent Reviewer’).
SPICe briefings
Date published:
13 February 2018
Salmon Farming in Scotland - Habitats Regulations Appraisal (HRA)
A competent authority must not authorise a plan unless the appropriate assessment means it will not adversely affect the integrity of a Natura site. The only exception is if there are no alternative solutions, and there are imperative reasons of overriding public interest for the plan or project to go ahead.
