Meeting of the Parliament 08 December 2020
I conclude today’s debate by thanking all members who are marking and celebrating the 70th anniversary of human rights day on 10 December by demonstrating Scotland’s strong and unwavering commitment to protect, respect and fulfil human rights.
As we have heard from all members who have spoken in the debate, 2020 also marks 70 years of the European convention on human rights, which was opened for signature on 4 November 1950 and signed by the United Kingdom on the same day. The convention brought a new commitment to and awareness of human rights and fundamental freedoms. As Bill Kidd said, it came from one of the most tumultuous times in modern history, a place that we never wanted to go back to.
In the week that marks this anniversary, the UK Government launches yet another review of the Human Rights Act 1998. The safeguards that are provided by the 1998 act protect every member of society, ensuring that public institutions uphold our most fundamental rights. That means that we all have freedom of expression and the right to a fair trial. We have privacy, and we can all challenge decisions that affect us. Those rights are central to the law of Scotland, and they are at the heart of the devolution settlement. They demonstrate our commitment to protecting human rights, internationally, for people everywhere.
As others have indicated, the Covid-19 crisis has brought all that into sharp focus, in an unprecedented way. There is a clear necessity for human rights to be at the forefront of all our policy making and to be embedded throughout it. We have made clear our continued commitment to ensure that during the Covid-19 response and beyond.
The Human Rights Act 1998 is critical to achieving that, and that is why the Scottish Government vehemently opposes any attempt to undermine or weaken it.
Given the UK Government’s review report on the
“balance between the rights of individuals, our vital national security and effective government”,
my fear is that that is exactly what the UK Government is trying to do, and has been threatening to do for some time.
Ruth Maguire is correct that there has been no consultation with the Scottish Government, but we believe that we have a Scottish representative on the panel and will continue to push to ensure that we have full and continued involvement in the process. I am happy to restate that point, and Ruth Maguire should be in no doubt about it.
Rather than launching yet another attempt to rewrite the 1998 act, the UK Government should focus its efforts on making rights real for everyone in UK society. We need to champion international standards, not retreat into Brexit isolation. The Scottish Government will continue to champion and progress human rights leadership wherever we can by enhancing the rights and freedoms that we all enjoy. We want to go forwards, not backwards, on human rights, and we want to do so with the people of Scotland in an open way that fully aligns with a human rights approach. Current legislation in the Scottish Parliament will bring the United Nations Convention on the Rights of the Child into Scots law, and our national task force, which will report next year, is actively developing proposals to extend human rights law even further.
It is essential that the UK Government review group fully consults Scottish interests, including not only the Scottish Government, but this Parliament, the wider public sector, civil society and the general public. It must not become another exercise that undermines devolved powers or the constitutional settlement.
Mary Fee gave us a powerful reminder of how fragile our rights are, and she is absolutely right with her message that we must all hear and take action. The national task force for human rights leadership, which is taking forward proposals for new human rights legislation in Scotland, is working collaboratively and openly across our society with a wide range of people who represent the broadest range of rights, including disabled people, older people, people from minority ethnic communities and people from lesbian, gay, bisexual, transgender and intersex backgrounds. That extensive engagement and outreach work, which has been taking place over recent months, will be essential in informing and shaping the legislation.
I reassure Mary Fee and John Finnie that any hate crime is completely unacceptable to the Scottish Government. It will not be tolerated, whether it relates to race, religion, disability, sex, sexual orientation or transgender status. It is already clear that there is a strong breadth of support for the task force’s work, and there is wide recognition that the Covid-19 pandemic, although felt by us all, has had a particular impact on people who might already face challenges in realising their human rights. As the task force’s work progresses, we will work hard to ensure that we bring everyone with us on the journey to implement a strengthened and ambitious framework for human rights in Scotland.
We aspire to be a world leader in human rights, and we demonstrate leadership and share practical experience of a human rights approach to policy making and delivery. As part of our continued commitment to the internationally renowned human rights defender fellowship, this year, we have doubled the grant for the programme, thereby supporting human rights defenders nationally and internationally. It is one important way that we can hold duty bearers, including the Scottish Government, to account. John Finnie gave us a powerful testimony on why being a global leader and supporting international human rights defenders is incredibly important, and I agree with him
As part of our commitment to human rights, we want to ensure that children are treated fairly and equitably, and are respected as equal citizens. By introducing the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill to the Scottish Parliament, we have taken the first important steps to making that a reality. The bill fully and directly incorporates the UNCRC into Scots law to the maximum extent possible with the Scottish Parliament’s powers. Alongside the bill, the programme for government outlined our intention to incorporate the UN Convention on the Elimination of all Forms of Discrimination Against Women, which, during the 16 days of activism, I am sure that members will welcome.
Bill Kidd talked about personhood, and the lifting up of rights, and I am sure that he will be pleased that we will also actively consider the incorporation of the UN Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination. We are working closely with stakeholders in those sectors, and on the task force.
Today, we celebrate all the important improvements that we have made to the lives of people in Scotland and Europe since 1950. When we think of human rights, the obvious monumental advances come to mind—for example, the Equality Act 2010—but we have also made huge strides this year, and we still have huge strides to make.
The coronavirus pandemic has further demonstrated to us the importance of embedding a human rights approach. It has affected different groups of people in different ways, and has had a particular impact on some groups, but our sustained commitment to human rights has ensured that we continue to protect all society for everyone in Scotland.
The strides in development are significant, and Scotland will do whatever it can to continue to be a leader in human rights. I thank my colleague, and the convener of the Equalities and Human Rights Committee, Ruth Maguire, for bringing the debate to the chamber today.
Meeting closed at 19:05.