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SPICe briefings
Date published:
10 March 2021
Domestic Abuse (Protection) (Scotland) Bill: consideration prior to Stage 3 - The views of adults and children who would be affected by DAPNs and DAPOs
At Stage 1, Scottish Women's Aid expressed concern about this wording, arguing there should always be a requirement on the police and the courts to actively seek views.
SPICe briefings
Date published:
23 February 2021
Defamation and Malicious Publication (Scotland) Bill: consideration prior to Stage 3 - The Stage 1 debate
In the debate, members from all political parties highlighted the role of the Bill in setting the balance between two important human rights - freedom of expression and privacy. Other issues highlighted by members included:
the "serious harm" test, which requires a pursuer to demonstrate that they have suffered serious harm to their reputation before they c...
SPICe briefings
Date published:
6 August 2020
UK Withdrawal from the European Union (Continuity) (Scotland) Bill - Part 2 -Environmental Principles and Governance - How can ESS improve "effectiveness"?
Making effective environmental law is defined, in section 41(2)(b), with reference to subordinate legislation (i.e. not primary legislation):
references (however expressed) to... a public authority failing to make effective environmental law are references to the authority—
(i) failing to exercise any function it has of making, confirming or approving subo...
SPICe briefings
Date published:
28 May 2020
The UK Environment Bill - Stakeholders views
Scottish stakeholders
The ECCLR Committee discussed producer responsibility with stakeholders on 04 June 2019. Zero Waste Scotland expressed support for expanding producer responsibility, stating that the current packaging producer responsibility scheme recovers only about 10-15% of the costs of managing waste.
Committee reports
Date published:
5 June 2019
Stage 2 Report on the Climate Change (Emissions Reduction Targets) (Scotland) Bill - Annex B - Response to Committee's Recommendations on Just Transition Commission
The Scottish Government recognises and agrees with the desire expressed by stakeholders and the Committee to see the importance of a just transition approach clearly reflected on the face of the Bill.
SPICe briefings
Date published:
25 April 2019
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill: Consideration prior to Stage 3 - Monitoring the Impact of Reforms
However, the Cabinet Secretary for Justice did express sympathy for an amendment on the topic lodged by Liam Kerr MSP.
Committee reports
Date published:
24 January 2019
Stage 1 Report on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill - Role of the commissioner
Evidence from Victim Support Scotland expressed support for the same judge or sheriff acting throughout the process, to provide continuity and reassurance to the witness.2Victim Support Scotland. (2018).
Committee reports
Date published:
26 November 2018
Getting Rights Right: Human Rights and the Scottish Parliament - Conclusion
Conclusion
We understand Government Ministers are not permitted to disclose their legal advice under the Ministerial Code without express authority of the Law OfficersiLaw Officers: The chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
SPICe briefings
Date published:
23 October 2018
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill - Impact of recorded evidence
Impact of recorded evidence
A submission from three academics at the universities of Glasgow and Warwick (professors Chalmers, Leverick and Munro) notes that:
Concerns have been expressed that watching a video rather than observing live testimony might influence jurors' assessments of the credibility of child witnesses and ultimately impact on verdict deci...
SPICe briefings
Date published:
15 March 2018
Prescription (Scotland) Bill - Extending the prescriptive periods
Reasons for opposing the proposal included a dislike of the increased complexity in the law. Fears were also expressed about the possibility of increased litigation about the contracts and therefore increased costs and delay in the resolution of disputes.1Scottish Law Commission. (2017, July).
