Legal Matters Scotland

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THE LAW
GPs demand opt-in for assisted dying
GPs in Scotland are advocating for an opt-in system regarding assisted dying, rather than requiring doctors to actively object to participation. The Royal College of GPs Scotland has labelled Liam McArthur's assisted dying proposals as "not fit for purpose," urging that doctors should have the option to participate voluntarily. McArthur's bill recently passed stage one in the Holyrood process, marking a significant step in the legislative journey. He emphasised that "public attitudes have changed" and called for support to refine the bill further. Dr Chris Provan, chairman of the Royal College of GPs Scotland, expressed concerns about the current draft, stating: "It is our belief that should assisted dying be legalised, there must be a specialised service which GPs can opt into." The debate continues as the legislation moves forward, with discussions on conscientious objection and the need for robust patient protections.
Psychiatrists oppose assisted dying plan
The Royal College of Psychiatrists has expressed strong opposition to the Terminally Ill Adults (End of Life) Bill, citing "serious concerns" regarding the protection of individuals with mental illness. Dr Lade Smith, president of the college, said: "We are not confident in the Terminally Ill Adults Bill in its current form, and we cannot support the Bill as it stands." The college highlighted the lack of sufficient psychiatrists to fulfil the roles required under the proposed legislation, which includes participation in panels assessing applications for assisted dying. This intervention poses a significant challenge to Labour MP Kim Leadbeater, who designed the Bill, as psychiatrists were expected to play a crucial role in the decision-making process. The Bill is set to return to Parliament for further debate, with a vote on amendments anticipated soon.
Bishop condemns assisted dying legislation
John Keenan, the Roman Catholic Bishop of Paisley, has expressed his "sadness" over MSPs supporting the Assisted Dying for Terminally Ill Adults (Scotland) Bill, which allows terminally ill adults to request assistance in ending their lives. He warned that this legislation could create a "state suicide service," normalising the act of suicide. Keenan urged politicians to focus on providing care and support for those in need, stating: "Laws like this normalise suicide and, with it, the false idea that some people's lives are beyond hope." In contrast, Lib Dem MSP Liam McArthur, who proposed the bill, argued that it offers more choice and is not about obligation, highlighting the difference between those considering suicide and those facing terminal diagnoses.


 
INDUSTRY
Law Society of Scotland appoints new CEO
The Law Society of Scotland has appointed Ben Kemp as its new Chief Executive Officer, effective August. Kemp, a dual-qualified solicitor and General Counsel, previously served as interim CEO at the Institute and Faculty of Actuaries (IFoA) for 15 months. Susan Murray, President of the Law Society, commented: "Ben stood out from a strong field of candidates as the right person to lead and develop the Society." Kemp, who qualified as a Scottish solicitor in 2001, aims to support the legal profession during a transformative period, focusing on regulatory reforms and member advocacy. Kevin Lang will continue as interim CEO until Kemp's transition.



 
CASES
NHS Fife's tribunal access request denied
NHS Fife's attempt to restrict public access to the livestream of the Sandie Peggie employment tribunal has been denied. The health board sought to limit viewing to journalists and block Tribunal Tweets, a citizen journalist group, but the judge ruled this would violate the principle of open justice. The tribunal, which has been adjourned until 16 July, is examining Peggie's claims against NHS Fife and Dr Beth Upton, following her suspension after raising concerns about Upton's presence in a female changing room. NHS Fife's spokesperson acknowledged the tribunal's decision, stating: "Our legal representatives subsequently provided feedback to the tribunal and we accept today's decision." The case has drawn significant public interest, with calls for transparency in the proceedings.
CRIME
Britain's grooming gangs scandal exposed
Britain is facing a significant challenge regarding the grooming gangs scandal, as Justice Secretary Shabana Mahmood emphasised the need for "truth and reconciliation" for those whose trust in authorities has been severely compromised. A national report on child sexual exploitation, led by Baroness Louise Casey, is expected to be published soon, following a rapid audit of the situation. Mahmood noted that while there have been successful prosecutions, the broader question remains: "Why so many people maybe looked the other way?" This reflects a deeper issue of accountability and trust, particularly among local authorities and police. The findings will follow a seven-year inquiry led by Professor Alexis Jay, which revealed institutional failings and a staggering number of victims across England and Wales.
HOUSING
Sturgeon voices concerns over rent hikes
Former First Minister Nicola Sturgeon has raised alarms regarding the Scottish Government's decision to abolish rent control protections, which has left many tenants vulnerable to steep rent increases. In a letter to Housing Minister Paul McLennan, Ms Sturgeon expressed her concerns, claiming: "I share the fear of extremely high rent increases taking effect when the protection ends." Public finance minister Ivan McKee echoed these sentiments, highlighting the "significant anxiety" among constituents. The policy change, effective from April 1, has already led to substantial rent hikes, with some tenants facing increases of up to £400 a month. Green MSP Maggie Chapman has called for the reinstatement of protections until the Housing Bill, which promises to introduce robust rent controls by 2027, is enacted. The Scottish Government maintains that tenants can appeal rent increases, but many fear eviction if they cannot reach an agreement.
Council leader dispels housing myths in Glasgow
Ricky Bell, the deputy leader of Glasgow City Council, has addressed misconceptions regarding housing for migrants versus local residents. Following Prime Minister Keir Starmer's comments on immigration, Bell said: "Labour also has a responsibility to scotch the myths, that somehow migrants receive preferential treatment to the detriment of our local populations." He highlighted that half of those presenting as homeless in Glasgow are refugees, indicating that they do not receive special housing access. The council has repeatedly called for financial support from the UK Government to manage the influx of asylum seekers. Bell emphasised the need for assistance, noting: "It's both his indifference to our challenges and reckless, incendiary language that risk incalculable damage to our communities."
FIRMS
New partners boost family-run firm
Edinburgh-based Ralph Sayer solicitors and estate agents has appointed Kimberley Mackay as a partner to lead a new private client division and Louise McLaren as legal director. Chief executive Ivan Ralph stated that these appointments are crucial for the firm's growth strategy, aiming to enhance their offerings in areas like inheritance tax planning. Mackay commented: "This is a fantastic opportunity, and I am excited to develop and guide a brand-new private client team."
CYBERSECURITY
NatWest faces 100m cyber threats monthly
Experts have presented alarming statistics on digital crime to Holyrood's Criminal Justice Committee, revealing that NatWest faces approximately 100m cyber attacks each month. Chris Ulliott, head of cybersecurity at NatWest, explained: "About a third of the emails, millions a month, we actually block because they are believed to be the start of an attack against our staff." The rise in cyber crime has been particularly pronounced since the pandemic, with Police Scotland reporting an increase from 7,710 cyber crimes in 2020 to 18,280 in 2024. Concerns are growing about fraudsters leveraging AI to enhance their credibility, with the potential to alter their appearance in real-time online interactions.
FINANCE
Audit Scotland demands value for money from SNIB
Scotland's state-owned bank, the Scottish National Investment Bank (SNIB), has been urged by Audit Scotland to evaluate its bonus system after disbursing £865,000 to staff last year. The report emphasised the need for the bank to ensure that its bonus arrangements deliver "good value" for public funds. Despite generating over £19m in income and covering operational costs for the first time, the bank remains dependent on public funding. Chief executive Al Denholm received nearly £90,000 in bonuses, contributing to a total remuneration package exceeding £335,000. Tory MSP Murdo Fraser and Scottish Labour finance spokesman Michael Marra expressed concerns over the substantial bonuses, urging that they must represent value for money.
WORKFORCE
Unions demand £1.9bn for workers
Several trade unions and 65 climate groups are rallying outside Parliament to demand £1.9bn in emergency funding for North Sea workers ahead of the Government's spending review. The coalition, which includes Labour, SNP, and Green Party politicians, argues that £1.1bn should be allocated annually for local job development, £440m for ports, and £355m for a training fund for offshore workers. Mel Evans, climate team leader at Greenpeace UK, said: "It's vital that we don't leave oil and gas workers' future in the hands of private companies who put their profits above workers' security." The call for funding comes amid recent job losses in high-emission sectors, which points to a just transition for affected communities.
Care staff to strike over pay
Unison has announced that care staff at Enable Scotland will strike over pay, marking the first national care walkout in over a decade. The strike will commence on May 29 in East Renfrewshire and will extend over five days to regions including Aberdeenshire, Moray, Ayrshire, Edinburgh, and Glasgow, culminating in a rally at the Scottish Parliament on June 12. Unison's Jennifer McCarey highlighted the ongoing crisis in the care sector. She warned: "Until care workers are properly valued and paid fairly, the sector will never have the care workers it needs." The strike follows years of unmet promises from the Scottish Government regarding social care reform and funding.
INTERNATIONAL
UK lawyers dispute genocide claims
The UK Government's lawyers have stated that the evidence "does not support" claims of genocide in Gaza, contradicting assertions made by Labour Minister Brendan O'Hara. During a parliamentary session, O'Hara highlighted the Government's legal position, which argues that there is a "tenable view that no genocide has occurred or is occurring." This statement comes amid ongoing legal battles regarding the UK's export of F-35 components, which are reportedly used by Israel in Palestine. Minister Hamish Falconer defended the Government's stance, asserting that assessments are conducted regularly under international law. He emphasised that the determination of genocide is a matter for the courts, not the Government.
AND FINALLY...
Glasgow Pride bans politicians from event
Glasgow Pride has decided to prohibit politicians and political groups from participating in its event on July 19, citing a lack of action following a significant UK Supreme Court ruling regarding the definition of a woman. The organisers stated: "If you choose to attend Glasgow's Pride, you are expected to do this as an individual, elected representative of your local community." The decision reflects concerns over the impact of the court's ruling on the LGBT+ community. Patrick Harvie, Scottish Greens co-leader, expressed disappointment, stating: "The betrayal of our human rights by most political parties is the cause of this horrendous situation."
 


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