Meeting of the Parliament 08 December 2022
Earlier this week, the Equalities, Human Rights and Civil Justice Committee heard from the Scottish Human Rights Commission on, among other things, the UK Government’s Bill of Rights Bill. Commission chair Ian Duddy told us that the Human Rights Act 1998 is working well in Scotland and that the commission is concerned about the bill’s regressive effects as well as its specific implications for Scotland, given that the 1998 act is enshrined in Scots law. Indeed, I think that Alex Cole-Hamilton has just covered that point.
Such concerns, however, are not limited to the commission. This week, MSPs received a briefing from Amnesty International; JustRight Scotland; CEMVO Scotland; Making Rights Real; Together, the Scottish Alliance for Children’s Rights; and the Scottish Commission for People with Learning Disabilities. They have all warned that the HRA and the European convention on human rights are “foundational” to the devolved settlement; that proposals to scrap the HRA have
“scant regard for the distinct operation and administration of law in Scotland”;
and that there is a risk of creating “increased legal uncertainty” relating to
“shifting, diverging and more restrictive interpretation of rights.”
All of those together will create “additional barriers” for people who seek justice through exercising their human rights.
All of that puts today’s Tory amendment into context. Rachael Hamilton’s amendment, particularly the reference to the incorporation of the UNCRC into Scots law, clearly shows the brass neck of the Scottish Conservative Party. This Parliament unanimously supported the incorporation of the UNCRC, and all parties were clear that it should be as far reaching as possible to ensure that Scottish children and young people could exercise their rights in all aspects of their lives.