Legal Matters Scotland
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3rd October 2022

A free early morning round up of news for legal professionals across Scotland.
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THE LAW
Short-term let licensing rules come into effect
Legislation requiring local authorities across Scotland to establish a licensing scheme for short-term lets has now come into effect, with existing hosts and operators given until April 1 2023 to apply for a licence, and with a July 2024 deadline for all short-term lets to be licenced. Housing Secretary Shona Robison said that while the "vast majority" of operators are following safety standards, the new scheme "will support responsible operators and give guests the confidence that their short-term let, be it a flat in Edinburgh, a property for a business trip to the Borders, or a cottage in the Highlands, meets the same set of safety standards". While a number of tourism bodies have criticised the new rules, the Scottish Government has said it will monitor the impact on both hotspot areas and the wider tourism sector.
Online Safety Bill amendment brought forward after Molly Russell inquest
An Online Safety Bill amendment will be brought forward to help bereaved parents access information about social media companies, a peer said after the landmark ruling over 14-year-old Molly Russell's death. Baroness Beeban Kidron said she will table a change to the proposed legislation in the House of Lords after a coroner concluded content viewed on the internet contributed to the schoolgirl's death. Molly died after engaging with 2,100 self-harm or suicide-related posts over a period of six months, an inquest at North London Coroner's Court heard. Senior coroner Andrew Walker said material viewed by Molly on sites such as Instagram and Pinterest “was not safe” and “shouldn't have been available for a child to see”. The ruling has been described as a global first of its kind after concluding that content Molly was allowed to view by tech companies contributed to her death.
Rent freeze set for emergency Holyrood process
The Scottish Parliament's business bulletin shows a motion will be voted on that would make the Cost of Living (Protection of Tenants) (Scotland) Bill emergency legislation – expediting the process of the legislations passage. Nicola Sturgeon has said at First Minister's Questions that the use of emergency legislation to introduce a rent freeze and eviction ban is not "ideal" - but that the move is needed in the face of a "deteriorating cost of living crisis". The Bill will be delivered to MSPs on Holyrood's Local Government Committee at 8am on Tuesday, before taking evidence at 9am, with an accelerated process following that will see a third and final stage vote taken on Thursday.



 
INDUSTRY
Trial scheme launched for domestic abuse victims in courts
A pilot scheme to improve the experience for survivors of domestic abuse in courts has been launched by the Crown Office and Procurator Fiscal Service (COPFS). The scheme means victims in cases being dealt with at Dundee, Hamilton and Paisley Sheriff Courts should benefit from more direct engagement with those prosecuting the offences. Lord Advocate Dorothy Bain KC, said: “The pilot looks at what we offer to address the concerns of many victims, to ensure we are meeting their needs by offering earlier, more direct and proactive communications with a prosecutor.” The pilot will see victims offered telephone contact with a prosecutor at the early stage of a domestic abuse case, with face-to-face meetings set up ahead of trials in some cases. It is hoped the changes will mean victims will be given clear explanations of the progress of their case, and understand better the role of the prosecutor.


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PROPERTY
Stamp duty policy could threaten Scottish housing market
Scotland will become a less attractive place to buy a property, experts have warned, after Chancellor Kwasi Kwarteng announced that the level at which stamp duty applies in England and Wales would double from £125,000 to £250,000 - while first-time buyers can buy a home worth up to £450,000 without paying the tax. In Scotland, only the first £145,000 is exempt from the Land and Buildings Transaction Tax (LBTT). DJ Alexander Scotland believes Holyrood ministers must replicate what Westminster has done “if there is not be a growing divide between the housing market here and in the rest of the UK”. Homes for Scotland added: “This is highly concerning in the context of attracting investment and ensuring that those delivering the homes that our country desperately needs are on a level playing field with their counterparts south of the border.”
DATA PRIVACY
Liberal Democrats call for ban on controversial CCTV firm
Freedom of Information requests made by the Scottish Liberal Democrats have revealed that 13 councils across Scotland are currently using CCTV cameras made by Chinese manufacturer Hikvision - which was blacklisted by the US Government in 2019 over concerns around its role in human rights violations targeting China's Uighur minority. Westminster's Foreign Affairs Committee has called for a UK ban on Hikvision's technology, and the Scottish Liberal Democrats have backed that call. Leader Alex Cole-Hamilton has called for "robust rules" to be introduced on partnerships with Chinese companies, and for the Scottish Government to "provide councils and government agencies with the support they need to uninstall the cameras with the utmost agency".

 
STV
EMPLOYMENT
'No more money' for teachers' pay deal
A source has told the Times that teachers in Scotland could face a worse than expected pay offer, after it emerged at a meeting of council leaders that the current 5% pay offer would only apply to those earning below £60,000, with those earning more receiving a capped increase of £3,000. The source said ministers had told council leaders there is "no more money" to improve the pay offer, and said that if teaching unions "want a better offer they will need to get a mandate for strike action and hope the Scottish Government caves in as they did with the bin strikes". EIS general secretary Andrew Bradley says the union has been clear that any pay settlement "must be fair and equitable for all teachers, regardless of career stage", and that a differentiated pay offer "would not be acceptable".
Over half of workers feel ‘underpaid’
Research from Indeed shows that 52% of British workers believe they are being underpaid, with 22% opting to either ask for a raise or to seek a new job. Of the 13% that sought a higher wage, 61% either received less than they requested or received no raise at all, while women were more likely to be refused a raise (38%) compared to men (29%). The survey also shows that 76% of workers feel employers should provide support to staff amid the cost of living crisis. The poll of 2,500 workers found that staff within the health and medical industry were most likely to feel underpaid, at 64%. Those in hospitality and leisure (61%) and the legal sector (58%) were the next most likely to feel that their salaries are insufficient.
TAX
One in six UK public procurement contracts had tax haven link
One in every six public procurement contracts issued by the government over a five-year period were won by businesses with connections to a tax haven, analysis has found. The companies behind the taxpayer-funded deals were owned by firms that were at least partly domiciled in one of 27 tax havens around the world. The contracts, with a combined value of £37.5bn between 2014 and 2019, cover sectors including health, transport and infrastructure, according to the Fair Tax Foundation. Labour's deputy leader, Angela Rayner, accused the government of handing billions to its “offshore cronies” as a result of the contracts process and pledged reform if Labour takes power.
HEALTH
Review to look into rise in neonatal deaths
The Scottish Government has announced a review after Public Health Scotland figures revealed a higher than expected number of neonatal deaths in both March 2022 and September 2021. Healthcare Improvement Scotland has been tasked with leading the review, which will look into all reported incidents between April 1 2021 and March 31 2022 and look to develop recommendations and actions to improve care for mothers and babies.
ECONOMY
Finance ministers: Tax cut pledges a ‘huge gamble’
Ministers in the devolved UK nations have written to Chancellor Kwasi Kwarteng, calling for an urgent meeting to discuss "reversing the damaging effects of the UK government's tax proposals." The letter signed by Scottish Deputy First Minister John Swinney, Northern Irish Finance Minister Conor Murphy and Welsh counterpart Rebecca Evans argues that the mini-Budget represents a “huge gamble on public finances." The ministers warn that the UK government “has chosen to make things significantly worse by announcing a huge package of tax cuts for the most wealthy without any credible explanation of how these will be paid for.” The signatories say the economy is “deteriorating by the day” and warn that is essential that the Chancellor and Prime Minister “take action to reverse the damage these policies are causing, for the benefit of all parts of the UK.”
 


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