The eight Bills that will start the decade

THE Bill will strengthen the law against domestic abuse and introduce a new offence of sharing private intimate images – known as “revenge porn”.

It will introduce a statutory aggravation for offences that occur against a background of domestic abuse and over the next year steps will be taken to create a new specific offence of domestic abuse.

The law will be reformed in relation to acts of harassment and sexual offending, giving police, prosecutors and courts additional powers to ensure effective action can be taken against perpetrators of domestic abuse, harassment and sexual offences.

Judges will be required to give juries specific directions when dealing with sexual offence cases and there will be enhanced protections for victims of harassment. Scottish prosecutors and courts will have powers in relation to existing child sexual offences when committed elsewhere in the UK.

The system of civil orders will be reformed to protect communities from sex offenders and help prevent sexual harm.

Sandy Brindley, national co-ordinator for Rape Crisis Scotland said the Bill was a very positive step forward for victims.

She said: “We welcome the proposed legislation. It contains a number of different elements that could be of great benefit to victims of gender-based violence.

“Jury direction is something we have been calling for for a long time.

“Rape juries are sometimes reluctant to convict because they may hold certain attitudes, for instance, not knowing that a lack of physical injuries or delayed disclosure of the crime is common.”

She added: “In the case of the specific new legislation on revenge porn, it is an issue which can cause enormous distress. It’s important the law sends out a very clear message that this is criminal behaviour and it has serious consequences.”

Jenny Kemp, co-director, at violence prevention charity Zero Tolerance, said: “We look forward to the opportunity to thoroughly scrutinise the Abusive Behaviour and Sexual Harm Bill.

“We know that reforms to criminal law can have a beneficial effect on women’s equality and are greatly needed.

“However, our over-arching concern is that prevention of abuse and violence is still not as high a priority as it should be.

“We all need to be ‘Equally Safe’ from this abuse ever happening, not just safe and able to seek justice after it happens. Prevention of abuse and harm needs to be a top priority for Government.”

Private Tenancies Bill

The Bill will modernise a law that affects hundreds of thousands of tenants and landlords across Scotland.

It will improve security of tenure for tenants and provide clear rights and safeguards for landlords.

The Bill will include provisions for rent controls in rent pressure areas, providing predicable rents and protection against excessive rent increases.

A Scottish Private Rented Tenancy will be introduced, which will replace the current Assured system. The "no fault” ground for repossession will be removed, which means a landlord can no longer ask a tenant to leave simply because the fixed term has ended.Landlords will be provided with comprehensive and robust grounds for repossession in specified circumstances.Graeme Brown, director of Shelter Scotland, which helps more than half a million struggling with bad housing or homelessness every year, welcomed the Bill.

He said: “This is a very positive step. It is good news for tenants, landlords and letting agents alike. We look forward to seeing the Bill in more detail, the timescales for implementing these changes and how they will work in practice.”

He added: “The private rented sector is now home to 330,000 households across Scotland including around 85,000 families with children.

“The changes included in the bill will begin the process of reforming the private rented sector and making it more modern, stable, flexible, predictable and fairer for everyone who calls it home.”

John Blackwood, chief executive of Scottish Association of Landlords, said landlords had concerns over the changes.

He said: “We are concerned that the Scottish Government continues to state their intention to limit a landlord’s right to end a tenancy, even after giving sufficient notice.

“This could cause problems for some of our customers such as students or those renting holiday homes.

“We will be working with a broad range of interest groups in those areas to alleviate the effects of this move.”

He added: “There is a high level of consensus between ourselves, tenants and housing charities on many of the changes which are needed and it is very much in the interests of our members for higher standards to be enforced in order to drive rogue landlords and letting agents out of the market. These people undermine the excellent work done by the vast majority of the sector and tarnish our reputation.”

Burial and Cremation Bill

The current legislation for burial and cremations is more than 100 years old and much is deemed inadequate for modern needs.

The update comes in the wake of the scandal uncovered over practices at Mortonhall Crematorium, in Edinburgh, where it was discovered that the ashes of hundreds of babies were disposed of without their parents’ knowledge. Further cases were found in Aberdeen, Fife and Glasgow. Recommendations in a report by Lord Bonomy on procedures for the cremation of infants and children will be implemented.

The process involved in cremating pregnancy losses, babies and infants will be improved and safeguards around cremation will also be improved. Robust new inspection powers will be introduced. It will address pressure on burial grounds and support their long-term sustainability through a range of measures, including allowing the re-use of full burial lairs in carefully controlled circumstances.

Linsay Bonar, of help group Forget Me Not, which offers care and counselling to parents and relatives of the baby ashes scandal, said many parents affected by the scandal worked on the Bill.

She said: “I am more than delighted the Scottish Government has taken this so seriously. We have worked for a long time to get this recognised. Some parents have lived with this for 20 years.

“Pregnancy losses of any gestation should be treated with sensitivity and respect. Even in children of up to age two or three, parents were not being given the option to get the ashes back.

“The Bill being announced now is also timely as the parents affected in Glasgow, Falkirk and Lanarkshire will be receiving their appointments for interviews in the next week or so.

“It’s not going to find the ashes of their children, but if it happens to a family member, a niece, a daughter, the girl next door or a best friend, they will know that they will always have that option to have their child’s ashes.

“One in five pregnancies ends in miscarriage, one in two hundred babies are stillborn and one in three hundred babies die in the first 28 days after birth.

“All our parents are seeing the new Bill as a positive step in acknowledging that babies from conception should be treated with respect and should not be treated as medical waste.” 

Election Dates

THE Scottish Government will ask MSPs to back plans to make the next Scottish Parliament’s term five years instead of the usual four.

The change in term is to avoid a clash with the UK’s General Election in May 2020.

Announcing the Scottish Elections (Dates) Bill as part of her Programme for Government speech, First Minister Nicola Sturgeon said: “And I can confirm that the Scottish Elections (Dates) Bill will propose a five-year term for the Scottish Parliament after next year’s election to prevent a clash with the UK General Election in May 2020.”

There had been much debate over the length of the next term. Since Westminster introduced the Fixed Term Act in 2011, all UK parliamentary terms last five years and all election dates are fixed.

The new Act brought in as part of David Cameron and Nick Clegg’s Coalition agreement, put the Scottish and Westminster parliaments on a collision course for May 2020. The Scottish Government plans, if backed by MSPs, will see the next Holyrood elections in May 2021.

However, the Scottish Government confirmed that this was just a one-off and would ultimately mean the two parliaments sharing the same election date in 2025 unless a more permanent change is made. The power to determine Scottish Parliamentary elections and terms will be devolved to Holyrood through the Scotland Bill.

However, ultimately, what many will wonder is what impact a five-year term and a 2021 Scottish Parliament election might have on the possibility for a second referendum on independence.

Scottish Fiscal Commission Bill

This will make statutory the independent body responsible for scrutinising Scottish Government tax forecasts and other fiscal projections. It follows a consultation launched by the Government in March. According to the Programme for Government, the initial remit of the Commission “will be proportionate to the fiscal powers devolved to the Scottish Parliament”. The Bill does give the Scottish Parliament the ability to “expand the functions of the Commission as new fiscal powers are devolved”.

Others

The annual Budget Bill will provide parliamentary approval for the Scottish Government’s spending plans, allowing the allocation of resources to its strategic objectives.

The Lobbying Bill will tighten rules surrounding the relations and conduct between outside groups, MSPs and ministers.

And the Bankruptcy Bill aims to modernise debt management and debt relief, ensuring options are available to help people in financial difficulty.

Reform of personal insolvency over the last decade has introduced many amendments to the Bankruptcy (Scotland) Act 1985. Consolidation will make the legislation more accessible for practitioners and those affected.