Legal Matters Scotland

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THE LAW
Green Party MSP proposes buffer zones around abortion clinics
A Green Party MSP proposing buffer zones to be set up around abortion centres believes her plans can “break the stalemate” between councils and the Scottish Government over a legal stand-off. Gillian Mackay has launched a consultation on her member’s bill that if approved, would put in place 150m buffer zones around healthcare facilities that provide abortions. Under the plans, safe access zones would be introduced at all sites that provide abortion care where within the area, it would be unlawful to influence or attempt to influence a person from accessing, providing, or facilitating the provision of abortion care. ​There would be a standard size of safe access zone with a perimeter of 150m from the entrance to any site which provides abortion care, while a criminal offence of contravening the provisions of a safe access zone would be established. The MSP hopes “interim measures” can be introduced to help protect women attending healthcare appointments before her proposals are introduced.
EHRC says 'lack of certainty' remains over GRA reform
The Equality and Human Rights Commission has said there is a “continued lack” of assurances with the potential consequences of the Gender Recognition Act in Scotland. The comments from the public body were made during the Equalities, Human Rights and Civil Justice Committee at the Scottish Parliament, which heard evidence from trans rights groups and the EHRC on the Bill. Melanie Field, chief strategy and policy officer for the EHRC said: “In the case of reform of the Act, we reached the position that more detailed consideration is needed before legislative change is made... Questions continue to be raised in different quarters about potential consequences, for example in relation to the collection and use of data, participation and drug testing in competitive sport, measures to address barriers facing women and practices within the criminal justice system.” However, charities and organisations such as the Scottish Trans Alliance, LGBT Youth Scotland and Stonewall Scotland voiced their concerns for further delaying the reform, citing the impact it has on those within the trans community.


 
PROPERTY
Scotland house prices hit record levels
Figures compiled by the Registers of Scotland have shown that a shortage of properties for sale saw house prices reach a record high in March, with the cost of the average home in the country now at £181,415. Registers of Scotland director Kenny Crawford noted that: "Average prices have increased in every month since July 2020 when comparing with the previous year and the annual increase has been in excess of 5% in every month since October 2020." Separate research by the Edinburgh property firm Walker Fraser Steele suggests the cost of the average home is higher than official figures, at £218,992.

 
CASES
Sheku Bayoh: Race did not play a part, says arrest officer
A police officer involved in the restraint of Sheku Bayoh has told a public inquiry race did not play a part in his assessment of the situation. Sheku Bayoh, 31, died after being restrained by officers in Kirkcaldy, Fife, in May 2015. PC Craig Walker was on duty when he and colleagues responded to reports of a black man with a knife, acting erratically. He said he thought the man might attack them. The family of Mr Bayoh, who came to the UK from Sierra Leone as a teenager, have claimed he was treated differently because he was a black man. PC Walker told the inquiry: "The only factors considered when assessing the risk were the words big, muscular, and carrying a knife. Race did not play a part in my risk assessment." 


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FIRMS
Aberdein Considine reveals merger with Edinburgh firm
Aberdein Considine has announced a tie-up with law firm and solicitor estate agent Russel+Aitken Edinburgh LLP. The merger will see all Russel+Aitken Edinburgh LLP's staff transfer to Aberdein Considine and be based in its Edinburgh offices in Multrees Walk, Elm Row and Lothian Road, to create a business with a workforce of nearly 500. The combined entity will trade under the Aberdein Considine brand. The deal will see Russel+Aitken Edinburgh LLP's two equity partners Dianne Paterson and Alan Jones join Aberdein Considine as consultants. The latter firm's managing partner Jacqueline Law said: "The values of Russel+Aitken Edinburgh LLP are very closely aligned with those of Aberdein Considine. "Whilst many medium-sized firms continue to choose to go down the commercial route, our strategic plan is to remain a full-service law firm and to strengthen our teams and service offering in central Scotland."
Blackadders announces new managing partners as Johnston Clark steps down
Blackadders has announced that its managing partner, Johnston Clark, will stand down at the end of July. He will be succeeded by Emma Gray and Ryan McKay as joint managing partners. Mr Clark said: “We have come through the Covid period, the second lengthy crisis period of my tenure stronger than ever and now is the right time for the next generation to take charge, with my full support." Ms Gray, head of commercial property, said: “It is an immense privilege to be elected as joint managing partner. I am looking forward to working with Ryan and our talented colleagues across the business.” Mr McKay, head of dispute resolution, added: “Being elected joint managing partner at Blackadders is a great honour and I look forward to playing my part in executing the next stage of the firm’s strategic plan.”
EMPLOYMENT
Teaching unions reject 2% pay offer
Members of the EIS and NASUWT unions have rejected a 2% pay increase offered by COSLA - with Des Morris from the EIS saying the proposal "is effectively offering Scotland's teachers a massive pay cut at a time when the cost of living is soaring". "This is completely unacceptable, and the EIS expects COSLA to come back with a significantly improved offer before the next SNCT meeting on June 21", he said. NASUWT general secretary Patrick Roach said the unions have "made it clear to employers that they must come back with a significantly improved offer which recognises the increasing financial strain teachers are under and which values them for the vital work they do."
First Minister calls for end to ScotRail dispute
First Minister Nicola Sturgeon has urged ScotRail and train drivers' union Aslef to "get round the table and negotiate" to end a dispute that has seen the rail network cut 700 services from the timetable. The cuts have been put in place after drivers stopped working overtime and rest days after rejecting a 2.2% pay rise. In addition to negotiating a "fair and affordable pay deal", Ms Sturgeon said, ScotRail "must continue the work that it is undertaking to train more drivers… so that reliance on rest-day working is reduced and, eventually, eliminated."
SOCIAL
'More and more' families in debt to cover essentials
Holyrood's Social Justice and Social Security Committee has head that "more and more" families are going into debt over essential bills, with Kirsty McKechnie from the Child Poverty Action Group in Scotland highlighting "very aggressive" collection of historic tax credit and social fund debts. Martin Canavan from the charity Aberlour said there has been a "real, significant increase" in public debt because people's incomes "have simply not been enough to cover the costs of heating their homes, feeding their children, providing the very basics."
REGULATION
FCA to clamp down on firms using permissions to dupe consumers
The Financial Conduct Authority (FCA) is set to use new powers to allow it to revoke businesses’ permits to carry out regulated activity quicker, clamping down on firms using regulatory approvals to deceive consumers. The FCA is now able to cancel or change a firm’s permission if it has not taken appropriate action 28 days after receiving a warning. Previously it could take three months or longer to cancel a firm’s permission. The City watchdog is said to be concerned that companies are using permissions to convince consumers they are buying regulated products that are covered by the Financial Service Compensation Scheme when they are not.
WESTMINSTER
Boris Johnson will not face a further Partygate fine
Prime Minister Boris Johnson has been told he faces no further action after police closed their investigation into Downing Street parties, No 10 says. Mr Johnson's wife, Carrie, will also not receive a second fine. They were both issued with £50 Fixed Penalty Notices last month for breaking Covid laws at a birthday party for Mr Johnson in Downing Street in June 2020. The Metropolitan Police said the inquiry into lockdown breaches in and around Downing Street had now ended. It issued a total of 126 fines to 83 people, for events happening across eight different dates. It had been widely expected that Mr Johnson, who reportedly attended up to six of the gatherings investigated, would be fined again.
 


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