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SPICe briefings
Date published:
2 November 2020
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill - Consultation responses
Retrieved from <a href="https://www.gov.scot/publications/uncrc-consultation-analysis-report/pages/1/" target="_blank">https://www.gov.scot/publications/uncrc-consultation-analysis-report/pages/1/</a> [accessed 16 October 2020] The small number of respondents who did not agree were concerned about the potential for increased litigation and expressed a preference for dialogue over legal processes.
SPICe briefings
Date published:
2 November 2020
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill - Consultation responses
Retrieved from <a href="https://www.gov.scot/publications/uncrc-consultation-analysis-report/pages/1/" target="_blank">https://www.gov.scot/publications/uncrc-consultation-analysis-report/pages/1/</a> [accessed 16 October 2020]
Just over a third of respondents providing comments expressed the view that a Scheme would contribute to greater accoun...
Committee reports
Date published:
28 September 2020
Re-opening Scotland's courts and tribunals system - In general
The Law Society of Scotland wrote to the Committee on 2 September to express its view. Its President, Amanda Millar, said that “there is an urgent need for the Scottish Government to provide a clear plan for the justice system post-pandemic and to specify the changes to the courts and the justice system being proposed.”3Law Society of Scotland, written subm...
SPICe briefings
Date published:
3 September 2020
Hate Crime and Public Order (Scotland) Bill - Threshold for criminal liability
The Bill's policy memorandum notes that the Scottish Government accepted Lord Bracadale's arguments on these points, stating that (paras 138 and 141):
The Scottish Government agrees with Lord Bracadale that adopting a threshold of threatening or abusive behaviour for stirring up hatred offences covering new characteristics strikes the right balance between conduct which ought to be criminalised and one's right to freedom of expression...
SPICe briefings
Date published:
3 September 2020
Hate Crime and Public Order (Scotland) Bill - Overview
In addition, the Bill contains further provisions seeking to protect freedom of expression in relation to religion (section 11) and sexual conduct or practices (section 12).
Committee reports
Date published:
20 August 2020
Work of the Delegated Powers and Law Reform Committee 2019-20 - Summary of use of reporting grounds
Table 2: Scottish Government instruments reported on broken down by reporting ground over the last two reporting yearsReporting Grounds2018-19 (223 SSIs)2019-20 (243 SSIs)Significant Grounds(e) doubt as to whether the instrument is intra vires 10(f) raises a devolution issue10(i) drafting appears to be defective 32Other Grounds(c) retrospective effect where the parent statute confers no express authority so to provide00(h) form or meaning could be clearer87General ground (e.g. failures to follow proper drafting practice or legislative process)1711Advisory Grounds(a) charge on the Scottish Consolidated Fund00(b) made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts00(g) unusual or unexpected use of the powers conferred by the parent statute00Procedural Grounds(d) unjustifiable delay in the publication or the laying of it before the Parliament00(j) failure to comply with laying requirementsiiThe numbers shown in brackets here are instruments reported under this ground in relation to which the Committee was content with the reasons for the breach.0(8)0(16)Figure 3: Scottish Government instruments drawn to the attention of the Parliament by reporting groundFigure 4: Scottish Government instruments drawn to the attention of the Parliament by category of reporting groundThe most common reporting ground this year was reporting ground (j) - failure to comply with laying requirements.
Committee reports
Date published:
30 June 2020
Supply and demand for medicines - Shortages
We were also interested in the impact of leaving the European Union in terms of the current 'just in time' approach to drug supply and how potential border checks would affect this.
Similarly, Martin Sawer expressed concern about any potential barriers which could impact on price.
SPICe briefings
Date published:
27 March 2020
Revised UK Agriculture Bill 2020 - 6.1.3 Chapter 3 - Other Financial Support After EU Exit (applies in England only)
Retrieved from <a href="https://publications.parliament.uk/pa/bills/cbill/58-01/0007/en/20007en.pdf" target="_blank">https://publications.parliament.uk/pa/bills/cbill/58-01/0007/en/20007en.pdf</a> [accessed 20 January 2020] The current rural development programme may also be extended, its budget increased, and currency expressed other than in E...
Committee reports
Date published:
4 March 2020
Census (Scotland) Order 2020 (SSI 2020/draft) - Annexe A: Process of 'informal scrutiny'
This process will enable the Committee to consider the draft Census Order and express its views on the parts of the Order to which the modification power would apply (the paragraph 6 particulars) and its views on the remainder of the Order.
Committee reports
Date published:
10 December 2019
Report on the proposed draft Deposit and Return Scheme for Scotland Regulations 2020 - Interaction with existing infrastructure and need for new infrastructure
The Committee heard that evidence on the likely associated volume drops in existing infrastructure would help the resource management sector to plan for the implementation of DRS. Concerns were expressed as the Regulations do not address the requirement for take-back infrastructure.
