Law reform update

Ownership and control of legal services firms

A consultation paper published by the Scottish Government seeks views around s 49 of the Legal Services (Scotland) Act 2010 concerning which professions should be regarded as regulated professionals for the purposes of owning licensed legal services providers.

The Society recognises that this part of the legislation is very important, given the views already expressed by members about the question of ownership and control of licensed providers. The Society is encouraging members’ views, which should be sent to Michael Clancy (MichaelClancy@ lawsoct.org.uk) or Katie Hay ([email protected]) by Thursday 31 March 2011.

Child maintenance

The Family Law Subcommittee is currently considering a Department for Work and Pensions consultation paper, seeking views on a strategy for reforming the child maintenance system based on the principle of empowering parents to take responsibility for their children and families. The committee will submit a response ahead of the deadline on 7 April 2011.

Purchase and sale of sex

Trish Godman MSP has been holding a public consultation on her proposed Criminalisation of the Purchase and Sale of Sex (Scotland) Bill. This looks to criminalise the purchasers of sex and related selling activities, and seeks views on a number of areas including penalties and whether to criminalise the purchaser only or the purchaser and seller. The Criminal Law Committee is submitting a response. It notes the intention of the bill to reduce demand for the purchase of sex in Scotland, and to strengthen existing legislation in order to make Scotland an unattractive market for prostituting and related trafficking.

On the main question, the committee feels on balance that if the bill were to be passed, both seller and purchaser should be criminalised, as this would be consistent with the gender balance in previous legislation and also would allow intervention and support with regard to those involved in prostitution. The committee welcomes any objective which reduces the risk of harm to women involved in prostitution, but has concerns with regard to the practical effects of this proposal.

Independent monitoring of prisons

A consultation seeks views on the system for monitoring the quality and safety of prisons and the treatment of prisoners in Scotland. The Criminal Law Committee is submitting a response.

Social responsibility levy

The Licensing Law Subcommittee is responding to a Scottish Government consultation which sets out the broad framework of the social responsibility levy provided for in ss 10 and 11 of the Alcohol etc (Scotland) Act 2010, payable by holders of premises licences and occasional licences. The committee advised that ministers will have to produce guidance for local authorities as to how the social responsibility fee should be applied.

Judicial factors

A Scottish Law Commission discussion paper (no 146) suggests that the legislation relating to judicial factors is extremely old and no longer fit for purpose, and seeks views on updating the way in which this function is carried out. A number of the Society’s committees are considering this consultation and a response will be submitted ahead of the deadline on 15 April 2011.