Legal Matters Scotland
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27th March 2023

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THE LAW
Braverman seeks ban on ECHR influence on immigration decisions
Suella Braverman could ban the European Court of Human Rights from grounding migrant deportation flights. The Home Secretary is in talks with up to 60 Tory MPs who are trying to strip Strasbourg of the right to interfere with Britain's immigration policy. The largest group of rebels believe the Illegal Migration Bill is too weak and have joined an amendment that would ban British judges from using legal precedent from the European Court of Human Rights (ECHR) when considering migration cases. Ministers say they cannot leave the convention completely without breaching the UK's international human rights obligations. It is thought a compromise could be brokered over emergency Rule 39 orders, used to prevent the Government from deporting migrants when a human rights challenge is pending, delaying flights for months to make time for legal argument in Strasbourg. Mrs Braverman could insert a clause into the Illegal Migration Bill banning the application of the orders in the UK, if an exemption for Britain cannot be negotiated with the court itself.
UK to update insider trading and market manipulation rules
A joint statement from the Treasury and the Financial Conduct Authority laid out plans for an overhaul of the UK’s criminal sanctions regime for insider dealing and market manipulation. The reforms will be implemented as part of broader work to “repeal and replace” EU rules that were still in place post-Brexit, known as the Future Regulatory Framework review. “As part of the FRF programme, the government intends to repeal the Market Abuse Regulation, the civil market abuse regime, and replace it with UK-specific legislation. We will set out a timetable for this in due course,” the statement said. Commenting on the move, Simon Morris, a financial services partner at the law firm CMS, said: “The EU has criminalised most serious market abuse while the UK lags with a 30-year-old regime no longer fit for purpose.”
Planning reforms aim to provide more outdoor play for children
New planning reforms will allow children and young people more opportunities to play outside, the Scottish Government has said. Ministers have made a commitment to incorporate children and young people's rights into Scottish law and practice. Under the new fourth National Planning Framework, local authorities will be encouraged to support applications for the development of play spaces, parks and sports facilities. New regulations are also being introduced which will require councils to assess the adequacy of play spaces and consult on them with local children and communities.



 
SENTENCING
No court-ordered drug treatments for almost a year
No Edinburgh drug users have been subjected to court-mandated treatment for nearly a year, according to lawyers. A drug treatment and testing order (DTTO) is a court order aimed at assisting offenders to reduce their drug use and related offending. However, no new orders have been made at Edinburgh Sheriff Court for almost 12 months. Edinburgh Bar Association says the situation is "a result of funding issues and staff shortages". A Scottish Government spokesperson said: "The Scottish Government is currently carrying out a review of DTTOs and other relevant orders to assess how they have been used, their outcomes, and whether they are the most effective mechanism to support recovery and reduce recidivism rates."
PROPERTY
Fewer property buyers from tax havens after crackdown
A crackdown aimed at stopping criminals from laundering money through British property appears to be working after researchers revealed a drop in purchases by companies based in tax havens. The Register of Overseas Entities (ROE) came into effect in August and requires anonymous foreign owners of British property, who could previously hide behind shell companies, to be named. Since its introduction, transactions involving buyers from tax havens have plunged significantly, data from the Washington-based research group Brookings Institute says. Deals have fallen by roughly one third in volume and by almost 90% in value, researchers Matthew Collin, David Szakonyi and Florian Hollenbach found. "Despite the initial scepticism about its effect, our initial findings suggest that the threat of the register immediately began to deter investment in UK property from higher-risk jurisdictions," they wrote.

CASES
Lawyers try to seize Scottish castle
The Russian who bought Craig Whyte's former Highland castle is facing a proceeds of crime investigation. Lawyers acting for the Scottish Government are trying to seize unspecified assets from Sergei Fedotov, who is already behind bars in Moscow after being convicted of embezzling the equivalent of £8m from an artists' royalties agency he led. The Civil Recovery Unit (CRU), an team of solicitors, investigators and forensic accountants which chases dirty money, is seeking a court order to to prevent Fedotov from disposing of property in his name. Fedotov snapped up the 16th-century Castle Grant in 2014 after it was repossessed from the one-time Rangers owner. Fedotov is understood to have paid around £1m for the pile, which is located near Grantown-on-Spey.
EMPLOYMENT
Paid leave for parents with babies in neonatal care one step closer
A Bill that would give additional paid leave to parents of newborns in neonatal care is one step closer to becoming law. Parliament heard how around 700,000 babies are admitted to neonatal care each year and the stress for parents over their babies' health is often coupled with concerns over their jobs and money. The law would apply to parents of children who spend at least one week in a neonatal unit. It provides up to 12 weeks of both leave and pay, at a statutory rate of £156.66 a week or 90% of your average earnings. The Private Member's Bill, which has already cleared the House of Commons, was introduced to the Lords by Baroness Wyld.
CRIME
15% of fly-tipping cases result in prosecution
Only 15% of fly-tipping cases reported to the Crown Office result in prosecution, according to data obtained by the Scottish Conservatives. Since 2016, just 59 of the 375 fly-tipping reports received by the Crown Office were taken to court. It follows recent figures showing there were more than 60,000 instances of fly-tipping recorded in Scotland during 2022. Tory MSP Murdo Fraser is bringing a Members’ Bill to the Scottish Parliament which would increase sanctions on fly-tippers and improve reporting mechanisms.
HOLYROOD
Senior SNP figures questioned over party spending
The Scotsman reports that Police Scotland detectives have questioned a number of senior SNP figures over a number of high-value transactions, including vehicle purchases, made by the party in recent years. The paper says the investigation relates to complaints over the handling of party funding ring-fenced for preparations for a future independence referendum. Police Scotland has said a report "which outlines enquiries already undertaken and seeks further instruction has been submitted to the Crown Office and Procurator Fiscal Service".
Greens say FM must have 'progressive values' for their backing
The Scottish Greens say they will quit the Scottish Government if the new First Minister does not share their "progressive values". Co-leader Patrick Harvie said they are a "necessity" if the power-sharing agreement with the SNP is to continue. Lorna Slater said a commitment to climate justice and trans rights are "non-negotiable". The declarations are seen as the clearest signal yet that the party will not work with Kate Forbes or Ash Regan, leaving Health Secretary Humza Yousaf as their preferred option. The result of an SNP ballot will be announced on Monday.
TAX
Greens claim council tax reform ‘closer than ever'
An alternative system to replace council tax in Scotland could be developed before the next Holyrood elections in 2026, Scottish Greens finance spokesperson Ross Greer has claimed. The party hopes the council tax system can be reformed “over the next couple of years”, allowing more cash to be raised “more fairly”. Speaking at the Scottish Green conference in Clydebank, Mr Greer said: “With any new tax system there will be winners and there will be losers, and we want it to be a progressive system where we want the losers to be the people who have got away with not paying nearly as much tax as they should at the moment.”
OTHER
Trading Standards find shoppers overcharged £85m
Research by local authority trading standards services in Scotland has revealed that consumers are being overcharged by an estimated £85m a year as a result of pricing errors in supermarkets and convenience stores. Officers from 23 councils took part in the retail pricing project aimed at identifying where goods are wrongly priced or not priced at all. David MacKenzie, chair of the Society of Chief Officers of Trading Standards in Scotland (Scotss) said: “Scotss works very closely with colleagues in local council trading standards across Scotland, and this is an excellent example of local authority officers working together to ensure the market is working properly and fairly. Officers are there not only to protect consumers but also to help and support businesses.”
 


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