Law reform roundup

English Votes for English Laws

The Constitutional Law Committee submitted a further briefing to MPs on proposed changes to Standing Orders of the House of Commons, confining its comments to constitutional and legal implications. The briefing questioned whether it was appropriate for such a change to be made by amendments to standing orders, and highlighted the issues that may arise from the role of the Speaker, who has to certify when legislation may adopt this procedure.

EU reform and referendum

Written evidence was submitted to the EU & External Relations Committee of the Scottish Parliament on the possible withdrawal of the UK from the EU. Without advocating a view on withdrawal, the briefing lays out some of the serious issues which may arise. European law has primacy over UK law, and under the Scotland Act 1998, laws passed by the Scottish Parliament must be compatible with EU law. The briefing also lays out the process that would need to be undertaken for withdrawal and the treaties involved.

Transplantation Bill

The Health & Medical Law Committee submitted written evidence to the Scottish Parliament’s Health & Sport Committee on the Transplantation (Authorisation of Removal of Organs etc) (Scotland) Bill. Whilst not commenting on the policy intention to create a system where a deceased person is deemed to consent to organ donation unless they have expressly opted out, the committee highlighted the need for clear and transparent proposals and for information to be available to those considering organ donation. The committee supports the appointment of a proxy to make a decision on organ removal, and an age limit of 18 for presumed organ donation.

Apologies (Scotland) Bill

A stage 1 brief was submitted to MSPs, supporting the policy intent of the bill to promote the use of apologies and remove the perceived risk that an apology will be used to demonstrate liability. It highlighted that the definition of “apology” differs greatly from that in the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill, which seeks to impose a duty of candour, something that may lead to unforeseen or unanticipated consequences.

Trade Union Bill

The Employment Law Committee submitted written evidence to the UK Parliament’s Public Bill Committee. Noting that the Scottish Government has requested that Scotland be excluded from the bill, the committee suggested that the minister be required to consult with the devolved administrations on any proposed regulations. The committee also set out its concerns on the bill’s compatibility with the European Convention on Human Rights and with wider human rights obligations.