Written Submission on the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill

This written evidence contributes to the the Scottish Parliament's reconsideration of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill. In 2021, the UK Supreme Court decided that elements of the Bill as originally passed fell beyond the Scottish Parliament's legislative competence (2021 UKSC 42). Submitted to Holyrood's Equalities, Human Rights and Civil Justice Committee, this written evidence highlights some of the challenges for the coherent and accessible incorporation of children's rights into Scots law in the wake of the Supreme Court's judgment. Implications for the domestic incorporation of other international human rights regimes are also analysed

Lawful, Proportionate and Necessary? A Critical Examination of the Domestic Abuse Disclosure Scheme for Scotland

This article critically examines Police Scotland’s Disclosure Scheme for Domestic Abuse Scotland (DSDAS). The scheme establishes a “right to ask” and a “power to tell” individuals about their partner or ex-partner’s known history of abusive behaviour. In this article, we focus on four key aspects of DSDAS: its accessibility, its legal basis, its understanding of “domestic abuse”, and its approach to defining the kinds of relationships where disclosures can be made under the policy. We identify ambiguities in all four aspects of the scheme, which we show departs in significant ways from the understandings of domestic abuse and qualifying relationships written into Scots law and policy. In contrast with the approach taken in England and Wales, we show the Scottish scheme does not currently permit police disclosures to be made after the “end” of a relationship – a concept which is itself significantly underdefined in the scheme guidance. We conclude with three practical recommendations for how these elements of the DSDAS scheme can be improved to enhance the accessibility, clarity, and coherence of the disclosure policy

Media reporting on child homicide victims

What are the implications of imposing reporting restrictions on the identity of children who are victims of homicide? What different approaches could the Scottish Government adopt to legislating in this area? Drawing on the broader findings of a comparative study of reporting restrictions across twenty different common law jurisdictions, this consultation response considers these questions, highlighting some of the implications of proposals in this area for fundamental rights, including privacy and free expression

Written submission on the Scottish Parliament (Recall and Removal of Members) Bill

This written evidence explores three key aspects of the Scottish Parliament (Recall and Removal of Members) Bill, which proposes to introduce new legal mechanisms for MSPs to be recalled if specified triggers are met. With reference to international examples, we first consider the underlying rationale and justification for introducing mechanisms to recall politicians. The second section focuses on the problematic features of the proposed procedure for recalling regional Members of the Scottish Parliament, arguing instead for a regional by-election model to be adopted. The final part of the submission highlights potential impacts of the Bill's proposals on Scotland's rural communities

Inquiry on framework legislation and Henry VIII powers

This written evidence responds to the Scottish Parliament's Delegated Powers and Law Reform Committee consultation on framework Bills and "Henry VIII Powers", exploring recent and historical controversies about the use of secondary legislation by the executive to create, amend and change primary legal rules in the context of Brexit, the Covid 19 pandemic, and beyond