New regulations under the Aquaculture and Fisheries (Scotland) Act 2007 and due to come into force on 1 August 2008, will make it illegal for fish or live spawn to be introduced to inland waters without permission.

The BBC News website reported Environment Secretary Richard Lochhead as saying the new rules would provide greater protection from "alien species".

Mr Lochhead said "The legislation I am announcing today provides the government and district salmon fishery boards with a powerful tool to protect Scotland's unique and fragile freshwater biodiversity, while continuing to promote the world-renowned fishing it supports."

Depending on the river concerned, responsibility for the applications will rest with either district salmon fishery boards or Scottish ministers through the Fisheries Research Services.

Of course, declaring war on extra-terrestrial alien species is a reserved matter.

Labels: News

Just a brief note to recommend the recent post from Prof. Hector MacQueen's Scots Law News which quotes an interesting passage from the Guantanamo Bay case in the US Supreme Court (Boumediene v. Bush, 12 June 2008) which "opines curiously on Scottish constitutional history in holding that habeas corpus runs even for alien enemy combatants detained in Guantanamo."

• US Supreme Court: why habeas corpus did not run in Scotland

Labels: News

A judgement in Aamer Anwar's case is expected at 10am on Tuesday 1st July at the High Court in Edinburgh.

High profile solicitor Aamer Anwar awaits a decision in contempt of court proceedings brought over statements that he released on behalf of his client, Mohammed Atif Siddique, who was convicted in September 2007. The case is the first of its kind and has drawn widespread criticism from the profession and beyond.

The case was heard by three judges at the High Court of Judiciary in Edinburgh on Tuesday 29th April.

Labels: criminal law, News

TV Presenter Patrick Kielty escaped a driving ban for speeding, the BBC News website reports. Mr. Kielty pled guilty to driving at a speed of 101mph in southern Scotland last December. Instead, he was fined £1,200 and given six penalty points by Sheriff Thomas Millar at Stranraer Sheriff Court.

According to the BBC, on leaving court, he joked "To be honest with you, with the price of petrol at the moment, I was sort of half looking forward to a ban."

His lawyer had argued that Mr Kielty's involvement in charity events would suffer if he was disqualified from driving.

Labels: News

As part of the Scottish Government's attempts to change Scotland's attitude to alcohol, restrictions on promotional activities have been suggested.

However, those involved in the Scotch Whisky industry have raised concerns that such restrictions might signal the end for the traditional complementary dram at the end of tours - leading to a reduction in visitor numbers.

To the relief of single malt fans the world over, the Scottish Government has reassured everyone that free tour drams would be protected. A spokesman quoted on the BBC News website said: "We can be absolutely clear that changing the arrangements whereby distilleries can offer a dram to visitors during a tour is not something we are considering."

What is less clear is why free whisky in distillery tours should be in a different category from (say) cut price alcopops in supermarkets, or 2 for 1 cider in the corner shop. I've seen that episode of "Still Game" where Victor and Jack conduct their own distillery crawl - a very dangerous example of binge-drinking indeed.

Seriously, though. What's the difference? The whisky is considerably stronger that the alcopop, but seems to have a social acceptance which its younger cousin lacks. Do we have problem drinkers, or just problem drinks?

Labels: News

The editorial in The Herald today calls into question the Scottish Government's summary justice reforms - asking whether too many serious crimes are being "diverted" from court. In doing so, it suggests that - like the Mikado - the aim of criminal justice is to "let the punishment fit the crime".

Of course, this assumes that you take the idea of Gilbert & Sullivan seriously enough to let it influence your view of the law. I certainly do - a fact a number of Professors at the University of Strathclyde could attest to from various quotations and references spattered throughout my essays and exams (e.g. "That's the slovenly way in which these Acts are always drawn." - The Mikado).

However, why take the somewhat bloodthirsty Mikado (or worse, his daughter-in-law elect, Katisha) as your model? What's wrong with the more contemplative, philosophical, some might say liberal - Sergeant of Police (from the Pirates of Penzance). Would our criminal justice system not benefit from the realisation that "When a felon's not engaged in his employment; Or maturing his felonious little plan; His capacity for innocent enjoyment; Is just as great as any honest man"?

And surely we could all agree with the Lord Chancellor in Iolanthe when he opines "The law is the true embodiment of everything that's excellent. It has no kind of fault or flaw ..."?

Certainly, if the new criminal justice reforms involve the forceable extraction of teeth for over-zealous advertising executive, then they will find favour with some. The key question remains, if we adopt Mikado-justice who will take the role of Pooh-Bah, the Lord High Everything Else?

Labels: News

Absolvitor: Scots Law Online is pleased to announce the addition of a new law firm's website to its already bulging directory. Wood & Muir are a two partner firm from the borders town of Eyemouth, and pratice in the fields of residential conveyancing, private client work, commercial and debt recovery.

According to the website, the firm was founded early in the last century by G. R. Wood, who entered into partnership with James Campbell Muir after the Second World War. James' brother Joseph Muir joined the firm soon after and the brothers proved to be worthy servants of the communities of Eyemouth, Coldingham, Ayton, Burnmouth and St Abbs for many years. The Muir brothers were joined by James' son William in the 1970s. Derek Devine began working for William in late 2000 and became a partner in January 2006.

• Wood & Muir

Labels: law firms, site updates

In a story reported today on The Firm Magazine's exciting new-look website, we learn that the United Nations' Special Observer to the Lockerbie proceedings, Dr. Hans Kochler is of the opinion that the second appeal should be taking place in Camp Van Zeist - absent any agreement to the contrary from Abdelbaset Al Megrahi.

The effect of all of this, in Dr. Kochler's view is that the appeal proceedings are therefore incompetent.

• Lockerbie Trial Briefing Unit

Labels: News

According to research conducted by Scots Law blogger Jonathan Mitchell QC, Govan Law Centre is ranked by Alexa as the top Scots Law website in all of cyberspace, ranking ahead of such sites as the Journal of the Law Society of Scotland; Faculty of Advocates; Scottish Law Commission and The Firm Magazine.

An employee of Govan Law Centre (i.e. me) was reported to have said - "Woo hoo!"

• Govan Law Centre

Labels: Law Centres, News

In her recently published annual report, the Scottish Commissioner for Children and Young People has called for the UN Convention on the Rights of the Child to be formally incorporated into Scots Law. This move, says Kathleen Marshall, would make the Scottish Parliament's "undoubted commitment to the rights of children more powerful".

Hear, hear!

• Scottish Commissioner for Children and Young People
• United Nations Convention on the Rights of the Child
• Scottish Child Law Centre

Labels: Children, Human Rights, News

Former Guantanamo prisoner Moazzam Begg will be visiting Edinburgh on Friday. He will be taking part in a public meeting entitled entitled Look Behind the Wire, being held on June 20 from 6pm at St John's Church on Princes Street. The meeting is part of the Edinburgh World Justice Festival, a two-week long programme of events marking the anniversary of the massive Make Poverty History demonstration held in Edinburgh in early July 2005 at the time of the G8 Summit at Gleneagles.

Moazzam Begg will be in conversation with campaigning lawyer Aamer Anwar, who is currently facing contempt of court charges over statements he made last year on behalf of a client who had been convicted of offences under terrorist legislation. The audience will be encouraged to put their own questions and views to the pair. The meeting is open to everyone and admission is free.

The case of Londoner Binyam Mohamed (a refugee from Ethiopia) is expected to receive particular attention at the meeting. Binyam Mohamed is still being held at Guantanamo Bay. He faces trial by a "military commission" - if convicted he could face the death penalty.

• Edinburgh World Justice Festival

Labels: Events, Human Rights

News that in the same month the Public Health etc. (Scotland) Bill was passed, the Creative Scotland Bill bit the dust (although a sequel is promised).

• Public Health etc. (Scotland) Bill (as passed)
• Creative Scotland Bill (as introduced)

Labels: News, Scottish Parliament

The Office of the Scottish Charity Regulator (OSCR) has delayed reporting on its current phase of the rolling review of charitable status. OSCR intends to provide more detailed guidance and then announce its decisions on 30 charities in October rather than May, as originally intended, in order "to allow further time for the examination of complex issues".

The current group of 30 charities under review was selected to provide a representative sample of priority charities to be assessed under the charity test specified in the Charities and Trustee Investment (Scotland) Act 2005. The group includes a number of independent schools as well as Scotland's only mainstream grant-aided school, Jordanhill School.

The report on the review in October 2008 will coincide with the publication of OSCR's fully revised guidance on Meeting the Charity Test.

Evidence that independent schools are part of the reason for the delay includes OSCR's statement that issues include "levels of fees and other possible restrictions on access"; "the provision of charitable benefit for people that are not members" and "ongoing research into affordability of charges".

• Office of the Scottish Charity Regulator
• Charities and Trustee Investment (Scotland) Act 2005

Labels: News

Disturbing news from the World Intellectual Property Organisation (WIPO) - as an Edinburgh man's gift to his son is challenged by the estate of C.S. Lewis, author of the Narnia Chronicles.

A certain Mr. Saville-Smith purchased the domain www.narnia.mobi for his child so he could have "one of the coolest e-mail addresses in the world." Now, he accuses the estate of C.S. Lewis of being mean and says that the famous author must be "spinning in his grave".

Okay, but I have a few problems with this story - only some of which point to Mr. Saville-Smith being a cyber-squatter. First, whoever@narnia.mobi is, plainly, not the coolest e-mail address in the world - and will probably get your child serious spam mail and cyber-bullying in no time at all.

Second, why did you also buy TheQueen.mobi and USPresident.mobi - unless you were also planning prezzies for Liz and George?

Third, if that's the only reason you bought the domain, then why are you currently hosting ads on it? And, why, if this is a gift for a 10 year old child is one of the paid ads on the site a link to "The Ruin" website (tagline: terror has evolved) with its restricted content? Just a thought.

• www.narnia.mobi - don't visit this site.
• World Intellectual Property Organisation (WIPO).

Labels: IP, News

The Fife Rights Forum today launched its plans to set up a new law centre in the Fife area. The law centre will aim to provide community legal services to the people in Fife by a variety of means and in conjunction with an existing network of advice agencies.

The launch event was attended by Professor Alan Paterson of the University of Strathclyde, a long-time supporter of law centres.

The group hopes to secure sufficient funding to allow the new service to begin in the spring of next year.

• Fife Rights Forum

Labels: Law Centres, News