Legal Matters Scotland

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HOLYROOD
Swinney confirmed as new SNP leader
John Swinney has been named the new SNP leader, and is set to become First Minister following a parliamentary election later this week. The veteran politician said his “principal policy” will be “to eradicate child poverty in Scotland”. There will also be a focus on the “economy, jobs, health, schools and public services". Asked if he could achieve those aims without increasing the funding available to councils, Mr Swinney claimed tax changes in Scotland meant there is £1bn cash for councils than there would otherwise have been. “So, we've recognised the need to invest in public services, that's enabled us to give more money to local authorities than we ordinarily would have been able to give had we not taken those decisions. But the underlying problem is austerity from the Tory Government in Westminster and I'm not optimistic that the parameters of that austerity are going to change much if there's the election of a Labour government sometime later on this year". He also said that a visitor levy Bill, if passed, will increase cash available to councils. Mr Swinney added: “We've got to work effectively with our local authorities and we will do that to create ways in which local authorities are able to maximise their resources.”



 
THE LAW
Swinney will consider ‘best way forward’ on Gender Recognition Bill
John Swinney has admitted he will consider new approach to The Gender Recognition Reform (Scotland) Bill, which proposes to make it easier for individuals to change gender, but was vetoed by Westminster despite being passed by the Scottish parliament. Asked by Sky News how he would tackle the divisive issue, Swinney said he wanted to “consider what are the best steps to take forward”. He said: “The legislation cannot be put into force because of the legal judgments that have been made, and I believe in the rule of law so I accept decisions, of course, in that respect. What I have assured everybody is that I believe in a good, solid, respectful dialogue about these issues and we have to make sure we handle these matters with care and sensitivity. That’s what I will do.”


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POLICING
Police could sue Scotland's national force over fireworks hearing damage
Police officers in Edinburgh who were attacked with fireworks during Bonfire Night violence are considering legal action against Police Scotland. The officers claim that ear defenders, which had been purchased but not distributed due to health and safety rules, could have protected them from hearing damage. At least eight officers were physically injured, and 34 others reported hearing issues. The Scottish Police Federation is working with around 20 officers and has sought legal advice from personal injury lawyers. The officers may never fully recover from their hearing issues. Scotland's national force confirmed the hearing issues but stated that it was unaware of any formal legal proceedings at this stage. A full rollout of new noise defenders is currently underway for all police officers.
CASES
Former sub-postmasters meet UK government minister to seek justice
Motherwell and Wishaw MP Marion Fellows met with three former sub-postmasters who lost thousands of pounds or were wrongly convicted in the Post Office scandal in Westminster. Robert Thomson, Keith Macaldowie, and Chris Dawson, all suffered cash losses by repeatedly putting their own money into their post offices accounts after the faulty Horizon computer system showed false losses. All three and Ms Fellows met UK Government business minister Kevin Hollinrake to press the case that Scottish former sub-postmasters should be included in legislation to speedily overturn false convictions. The UK Government had at first indicated that this would happen, but then said the legislation would only cover England and Wales. Ms Fellows said: “Excluding Scotland from this bill will mean victims here will have to wait longer for redress. The Scottish Parliament was under the impression that UK legislation would cover all parts of the UK, since these were the noises the UK government made early in this process.” She added: “Westminster caused this problem and Westminster should have fixed it. The UK Government is the sole shareholder in the Post Office.”
TECHNOLOGY
Could ethical AI standards give Scotland an edge?
Writing in the Scotsman, Chris Elwell-Sutton, a partner at TLT LLP, says Scotland could gain an edge on other countries by adopting ethically-centred AI regulation. harmonised global AI standards are some way off still and although direct legislation on AI sits outside Holyrood's devolved powers the Scottish AI Alliance is taking steps to ensure AI development is trustworthy, ethical and inclusive. Steph Wright, Head of the Scottish AI Alliance said: “This strategy ensures that AI technologies serve as a common good for the people of Scotland. A business environment that minimises harm is inherently more attractive and socially sustainable.” Mr Elwell-Sutton is reminded of Tim Cook’s “commercial masterstroke” in putting consumer privacy rights at the centre of Apple's philosophy. “At a time when boards and investors look to ESG and human rights to operate as business enablers, now may be the right time for Scotland to turn its principles into a competitive advantage.”
PROPERTY
Scotland's high-end homes to increase in value by over 20% by 2028
Growing demand for Scotland's high-end homes is expected to drive prices up by more than a fifth by 2028, according to leading estate agent Savills. Research reveals that prime properties in Scotland will appreciate faster than London, the Home Counties, and most regions of England and Wales. It discovered a 29% increase in the number of potential buyers registering with the firm in the first three months of this year, compared to the same period in 2023. The number of Scottish second-hand sales above £500,000 during the first three months of 2024 was 16% higher, compared to the same period in 2023, according to Savills. Following a dip last year, the market above £1m outperformed with a 24% rise. Even the market below £500,000, which Savills say is more dependent on mortgage lending, saw a 9% increase, reflecting the improvement in borrowing rates since the summer of 2023. Savills says Scotland's top-end country house market above the £2m mark "remains resilient" with prices 0.7% higher than a year ago and almost 20% higher than in March 2020.

Airbnb claims licensing scheme for short-term is harming Scottish tourism
Airbnb has questioned a licensing scheme for short-term lets which it claims is driving tourists away and forcing up rents. According to the holiday accommodation provider, the crackdown on rental properties it has driven landlords out of the market and restricted supply. In a new report, Airbnb said: “The implementation of short-term rental rules in Scotland is harming its tourism industry and limiting economic opportunities for local families. Despite the measures, they have not delivered positive impacts on housing and rental prices, which have reached their highest annual rate in nearly a decade.” Airbnb claimed some visitors were heading to other locations. “With fewer options available, travellers are now increasingly turning their attention to the north of England. Cities such as Liverpool and Newcastle have experienced a surge in searches, suggesting they are becoming attractive alternatives for travellers,” it said. The rules require anyone who rents out rooms or their home on a short-term basis to apply for a licence from local councils, costing an average of £1,000 per year. Operating without a licence is an offence with potential fines of up to £2,500.
Plans submitted for new homes for social rent in Glasgow unveiled
AS Homes Scotland Ltd has submitted a bid to build 22 homes for social rent at Arden to Glasgow City Council. The developer wants to build properties to be let by Glen Oaks Housing Association on the outskirts of the city at Kilmuir Crescent. The firm has said the proposal is a “continuation of a previous phase of development nearby” and will contribute to “the ongoing regeneration of the area”. There would be 18 two-storey homes and four cottage flats constructed if the plans are approved. Two of the properties would be wheelchair adaptable.
EMPLOYMENT
Record low gender pay gap tempered by expectations of decades-long disparity
The UK's gender pay gap has narrowed to 9% in 2023-24, however it would take decades to close the gender pay gap on the current rate of progress, according to the FT.
 


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