Legal Matters Scotland
Sign UpOnline Version
1st December 2023

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

THE LAW
Finance Committee criticises Circular Economy Bill
The Scottish Government’s Circular Economy Bill has been criticised for a lack of financial transparency and accurate costings. Holyrood's Finance & Public Administration Committee (FPAC) said it doubts that the bill, which requires Scottish ministers to introduce measures to help develop a circular economy, complies with the Parliament’s rules on setting out “best estimates” of costs likely to arise. "Scrutiny of this bill reinforces our concern that affordability does not appear to be a key factor in Scottish Government decision-making. The minister, Lorna Slater MSP, has committed to consult on the cost of secondary legislation, but that should not replace an assessment of affordability at the point of a bill’s introduction", said FPAC convener Kenneth Gibson MSP. "Our committee is not convinced that this bill’s financial memorandum meets the requirements set out in Parliament’s standing orders to provide: 'best estimates of the costs, savings, and changes to revenues to which the provisions of the bill would give rise'".
Tech giants collaborate with Government to combat online fraud
The UK Government has partnered with major tech companies, including Facebook, TikTok, Snapchat, and YouTube, to launch an Online Fraud Charter. The initiative aims to combat online scams, fake adverts, and romance fraud. The Charter calls on the companies to introduce measures such as verifying new advertisers and promptly removing fraudulent content. It also includes increased levels of verification on peer-to-peer marketplaces and online dating services. The tech firms have pledged to implement these measures within six months. The Charter is supported by a crackdown on illegal adverts and promotions for age-restricted products. The UK Government has stated that fraud accounts for about 40% of all crime in England and Wales. The Charter is seen as a groundbreaking initiative in the fight against online fraud. Prime Minister Rishi Sunak stated that fraud is now the most common crime in the UK, and the government is committed to cracking down on fraudsters with the help of tech giants.
New law to tackle raptor persecution on Scottish grouse moors
A new law will help to end the “blight” of raptor persecution on Scottish grouse moors, according to Environment Minister Gillian Martin. The Wildlife Management and Muirburn Bill, currently being debated by MSPs, aims to regulate the grouse shooting industry and introduce a code of practice for land management. The bill would also restrict the practice of muirburn, or controlled burning of heather and other plants. Martin said that while many grouse moors are managed responsibly, a few estates give the sector a bad name due to raptor persecution. The licensing scheme proposed in the bill aims to change the culture of grouse moor management while allowing law-abiding moors to continue. However, critics argue that the bill will have a negative impact on the rural economy and goes beyond its intended objective.



 
POLICING
Scotland's new police chief seeks £128m funding to expand officer force
Scotland's new chief constable, Jo Farrell, has called on the Scottish Government to invest £128m in order to recruit 1,100 more officers over the next two years. Without the additional funding, Police Scotland may be forced to make compulsory redundancies and cut 800 officers and staff by April 2024. Chief constable Farrell emphasised the importance of funding to maintain community policing and proactivity. She also highlighted the need for officers to spend less time on mental health calls and attending court for trials that don't happen. Farrell stated: "Policing is determined to play our part in criminal justice reform – to make efficiencies, but more importantly deliver better service for the people we serve." The establishment of Police Scotland has already saved £200m annually compared to the previous setup. The chief constable's plea for funding aims to address the growing community need and increasing contacts to policing from the public.

 
STV
INDUSTRY
Law Society colleagues raise £3,606.40 for Scottish Autism
Law Society of Scotland colleagues have shown their support for autistic people by raising £3,606.40 for Alloa-based charity Scottish Autism. The money was collected through a wide range of fundraising activities from colleagues, including running marathons, abseiling from the Forth Bridge, bake sales, quiz nights, a table tennis tournament, and a number of online initiatives. "We are delighted with the total raised from our partnership with the Law Society. The team have made a fantastic effort to come together and raise funds at a time when staff were initially working remotely", said Karen Wilson, Income Generator and Partnerships Lead at Scottish Autism. "The funds will support the development of vital services including our online support programme, Right Click, and Click and Connect, our online groups for the autistic community".
IMMIGRATION
Home office's secret policy leaves trafficking victims in limbo
Asylum Aid has alleged that the UK Home Office operated a secret policy to frustrate the right to remain of at least 1,600 confirmed victims of trafficking and modern slavery. The allegations were made during a High Court hearing involving an asylum-seeker and the Home Office. The asylum-seeker claims that he was denied the right to leave to remain in Britain for more than a year due to the secret policy. Lawyers representing the asylum-seeker argue that a serious misuse of power has been exposed. The Home Office denies the claims and argues that the issue is delay, not secret policies. The case revolves around a decision by a High Court judge in October 2021, which required the Home Office to grant recognised modern slavery victims leave to remain where they had a pending asylum claim. The campaign group alleges that a secret internal policy was created to prevent officials from granting the right to leave to remain. The Home Office argues that the asylum-seeker has not suffered any significant detriment as a consequence of the delay in decision-making.
CASES
Man arrested over death of woman in Elgin
A 41-year-old man has been arrested as part of an investigation into the murder of a woman in Elgin. Mother-of-two Kiesha Donaghy, 32, was found dead at a property in Anderson Drive at about 19:20 on Thursday 16 November. Det Supt Lorna Ferguson, of Police Scotland's major investigation team, said: "We continue to support Kiesha's family and our thoughts are with them. "I would like to thank the public for their patience and continued support." 
Ayr man accused of sexually assaulting woman with intent to rape
An Ayr man, Thomas Pender, is facing charges of sexually assaulting a woman with intent to rape her. The Crown alleges that Pender entered the woman's home uninvited and attempted to induce her into sexual intercourse. He refused to leave when requested, exposed himself to her, and compelled her to touch him. Prosecutors claim that he followed her, lifted her dress, and touched her naked buttocks. According to court papers, he then forcibly removed her underwear and attempted to assault her with his tongue. Pender pleaded not guilty during a pre-trial hearing at Ayr Sheriff Court and will return to court at a later date to face the allegations.
INDEPENDENCE
Alex Salmond's legal case won't hinder independence plan
Former first minister Alex Salmond says his legal case against the Scottish Government will not prevent the SNP from supporting Alba's new independence plan. Salmond's court case, which he lodged last week, alleges misfeasance by civil servants. However, he clarified that he is not suing the SNP but rather the Scottish Government. Salmond emphasised that personal enmity or friendship should not hinder cooperation for the greater cause of Scottish democracy.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on TwitterFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click here to unsubscribe