LAW SOCIETY TO GIVE EVIDENCE ON EU LAW

The Law Society of Scotland has been invited to give evidence to the Scottish Parliament’s Justice Committee tomorrow on two distinct areas of law reform – the Justice and Home Affairs Agenda and the Damages (Scotland) Bill.

The Law Society's director of Law Reform, Michael Clancy, and Julia Bateman, head of the UK Law Societies' Brussels Office, are to attend the first evidence session before the Justice Committee at the Scottish Parliament on the EU Commission's Work Programme (CWP) for 2010-11.

The evidence session follows a request from the parliament's European and External Relations Committee (EERC) to other subject committees to look at the EU policy and legislative proposals relating to their subject areas which could have a potential impact on Scotland.

These include proposals to bring Europe out of the economic crisis, to assist businesses and citizens, and those relating to crime and policing.

Mr Clancy said: "The key issues that the Law Society will bring to the attention of the committee are those that go to the heart of the Scottish legal system such as private client matters, including succession and family law, and reform of the law of contract.

“The society's commitment to protecting fair trial rights and promoting access to justice mean we will highlight recent proposals to protect suspects and defendants abroad such as receiving a letter of rights."

The society also intends to highlight the issue of how to maximise engagement with the EU institutions on justice matters to ensure that Scotland's interests – particularly in the devolved areas – are served.

Ms Bateman added: "Based in the heart of the EU district, our Brussels Office ensures that the views of practitioners in Scotland are put to legislators and decision-makers.

“We provide an early warning mechanism of what is coming down the line that is important for Scotland."

Immediately after the EU session, Graeme Garrett, of the society's obligations committee, will be giving evidence on the Damages (Scotland) Bill.

The society provided written evidence on the bill in August and while it is in agreement with the Scottish Law Commission that there is no need for fundamental reform of this area of law, it has highlighted four areas which have prompted more debate.

Mr Garrett said: "The areas we have highlighted in our evidence include the introduction of a new method of calculating the damages payable to a victim’s family – which reflects a more modern society and does not assume that one partner, historically the husband or father as being the main breadwinner.

"We have also highlighted our major concerns with the recommendation that the right to sue for patrimonial and non-patrimonial loss should be restricted to the deceased's immediate family – it is not uncommon for example, that an aunt or uncle may be supporting a niece or nephew through their education, and it does not seem fair that that individual may then be deprived of the right to seek damages for loss of that actual support."

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REGULATOR CALLS FOR REVIEW OF CHARITY LAW

The Office of the Scottish Charity Regulator (OSCR) has called for a wide-ranging review of charity law.

Scotland’s charity regulator, which grants charitable status, encourages compliance with charity law and investigates alleged misconduct in charities, is also required to advise ministers on charity matters in light of its experience.

In its Annual Report and Accounts 2009-10, OSCR said there was a need for a “fundamental review” of parts of the Charities and Trustee Investment (Scotland) Act 2005 due to “difficulties around its interpretation and application”.

Among its recommendations for 2010 and beyond are:

LAWYER WARNS AGAINST CAP ON IMMIGRATION

A leading employment lawyer has warned that changes in immigration law could have a significant detrimental impact on Scottish businesses.

The Government is implementing its coalition agreement commitment to limit the number of non-European migrant workers allowed to enter the UK to live and work.

Linda Beedie, of the Aberdeen office of Bond Pearce LLP, said: “Any operation which relies on skilled labour from outside Europe will be affected and the new measures which have been introduced represent a hurdle which may be difficult for many employers to cross.

“Historically the oil and gas industry has faced a major problem with skills shortages and has had to look outside the EU to source the expertise it requires, particularly in engineering.

“The social and health care services also recruit many doctors and dentists from overseas and for science and research based businesses, which have looked to specialists from around the globe to support their work, these changes could pose considerable difficulties.”

A permanent immigration quota will be imposed next year and Home Secretary Theresa May has indicated the impact will be to reduce the levels of migration to tens of thousands rather than hundreds of thousands.

In the meantime temporary measures have been put in place to prevent what May described as “a closing down sale” – a rush of applications ahead of the permanent changes in April next year.

Business leaders have already warned that the restrictions could curtail the UK’s recovery from recession because of the need for foreign workers in vital industries.

Ms Beedie said companies will have to plan carefully and seek advice to try to minimise the potential disruption to their businesses which the temporary measures cause.

She explained: “Even before the new measures were imposed there were delays in the process which underwent sweeping changes in 2008 when a new points based system was introduced with two of its five tiers affecting skilled workers.

“It was already difficult to meet the Tier 1 criteria unless you were wealthy or very well educated. Now they have not only introduced a monthly quota but they have also raised the bar by increasing the points requirement.

“There were backlogs before and they are simply going to worsen. If the quota is reached in any month all other applications are deferred, even if the applicants meet the requirements. It could delay things by months.”

The UK Border Agency is also placing limits on employers who have a licence to sponsor migrant workers under Tier 2 – which is how many of the skilled engineering and health service workers gain permission – and these are being determined by their previous allocation levels.

However it has been indicated that some sponsors may receive a zero allocation during the temporary restrictions, although intra company transfers will not be affected.

Ms Beedie added: “These changes are going to exacerbate an already difficult situation and it is vital that companies which require skilled foreign workers plan ahead and take professional advice.

“They should consider alternative visa routes and look at forthcoming projects in terms of their manpower strategy well in advance.”

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NEW POWERS TO CLOSE TEACHING REGULATIONS LOOPHOLE

The Scottish Government is proposing new powers that will stop teachers threatened with disciplinary action avoiding a hearing by moving to a job in another area.

The proposed powers, being laid before the Scottish Parliament today, will give the General Teaching Council Scotland the right to examine competence cases even if a teacher has already resigned from their post.

In the past teachers have been able to avoid being struck off by moving to a job in another area before their employer has set a date for a disciplinary hearing.

The Education Secretary Mike Russell pledged earlier this year to look at what additional powers the GTCS might need to stop incompetent teachers moving jobs to avoid disciplinary action.

The change is part of a major set of changes that will fulfil the Scottish Government’s commitment to make the GTCS an independent body and introduce a system of re-accreditation for teachers in Scotland.

Mr Russell said: “The vast majority of our teachers are of a high quality and these changes are all about maintaining those very high standards and reinforcing the standing and professionalism of Scotland’s teachers.

“The GTCS was the world’s first professional teaching body and is now set to become the world’s first fully independent professional teaching body, helping to raise the already high standards we have in Scotland.

“The GTCS will be asked to deliver a modern and proportionate scheme of teacher re-accreditation that will be a further step towards ensuring that Scottish education provides the best start for every young person.

“It will also introduce new measures to limit the risk of a teacher, whose employer is considering taking disciplinary action, taking up another job before disciplinary procedures have got underway. This will close the loophole that enables incompetent teachers to move jobs without the GTCS being alerted and being able to act.

“We need to ensure appropriate procedures are in place to deal with the small minority of teachers who are not up to the job and I will continue to look at other ways of ensuring only the very best teachers are employed in Scottish schools.”

Currently employers are required to refer an incompetent teacher to the GTCS if they dismiss the teacher.

They are also required to refer a teacher to the GTCS if the teacher has resigned and a disciplinary hearing date has been set.

However, if a hearing date has not been set, teachers are able to resign and take up employment elsewhere without the GTCS being informed.

If passed by Parliament, the Public Services Reform (General Teaching Council for Scotland) Order 2011 will require employers to refer a teacher to the GTCS if they are considering dismissal and the teacher resigns.

The GTCS will then be able to use their powers, which include preventing teachers from obtaining another job.

The Order, which if passed will become law in 2011 and take effect in 2012, will also make the GTCS an independent body and significantly update its constitution.

It will also place the GTCS under a duty to bring forward a system of re-accreditation for teachers in Scotland.

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