It is going to be a busy year in Scotland. The Scottish Government has set out its legislative programme for the year ahead, with 15 proposed Bills compared to the eight that we saw in the 2015/16 programme. These will make use of new powers introduced as part of the Scotland Act 2016, and will also see some technical amendments made to consolidate legislation and strengthen policy. Yet despite this busy schedule, the prospect of a second independence referendum will continue to loom large in Scottish politics. Amidst all the sound and fury of the referendum debate and wider domestic agenda, it will be important for business to keep sight of the detail of Bills as they progress.

The proposed Bills

The Scottish Government will bring forward four Bills well trailed in the SNP manifesto: an Air Passenger Duty Bill to take control of the new devolved powers in this area; a Gender Balance on Public Boards Bill to promote positive action in public appointments of non-executives; a Railway Policing Bill to bring control of the Scottish operations of British Transport Police into Police Scotland; and a Social Security Bill, with a framework for the new Scottish social security system. A Forestry Bill and an Islands Bill are proposed to further consolidate the Scottish Government’s control in these areas. The delay of the annual Budget Bill to December has caused consternation over the time available for parliamentary scrutiny, although the Scottish Government insists extra time is needed to incorporate new fiscal powers which come within the Scottish Budget for the first time this year and to respond to the Autumn Statement.

There are to be three technical legal consolidation bills proposed: A Contract (Third Party Rights) Bill; Expenses and Funding of Civil Litigation establishing caps on success fees and technical arrangements for cost shifting and enforceability; and a bill to ensure Housing Associations and Registered Social Landlords are classified as private bodies for the purposes of national statistics.

On the social and animal welfare policy front, four Bills are proposed: a Child Poverty Bill to develop targets and strategies for reducing child poverty; A Domestic Abuse Bill to provide greater support for victims; and a Limitation (Childhood Abuse) Bill to remove the three year time bar on accessing civil justice for victims of historic abuse; and a Wild Animals in Circuses Bill banning performance and exhibition.

And, crucially, the Scottish Government is also committed to consulting on a draft Referendum Bill in the light of the UK decision to leave the EU. The consultation on Indyref2 as it is being called was the highlight of last weekend’s SNP conference in Glasgow. In part this is necessary red meat for members but it also positions the SNP squarely on the side of “soft Brexit” with a clear threat that the harder the Brexit the more likely a second Independence Referendum might be.

As with all things the devil will be in the detail, but there is likely to be broad support across Holyrood for the bulk of the proposed legislation. Yet this should not prevent businesses from making sure that there are not unforeseen consequences of well-intentioned but perhaps poorly drafted clauses.

Newington’s Scotland office can help ensure issues of importance are raised in consultation and with relevant departments in a timely and efficient manner. Contact Evan Williams on 013 1550 3744 or [email protected] for further information or if you have any questions.