Hansard

Thank you, Presiding Officer. I have just put Mr Eadie’s gas at a peep by telling him that I am actually opening a debate. Of course, I am opening the debate on behalf of the Justice Committee, so my speech will be measured, which is perhaps not my usual tenor.

I am pleased that the Justice Committee, with human rights in its remit, agreed to engage with Scotland’s national action plan for human rights, or SNAP, to give it its snappy title—the committee clerk put that bit in. I note that the Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights is sitting in front of me, and I do not know whether human rights will continue to be part of the Justice Committee’s remit, but never mind.

I was glad when the committee appointed John Finnie as rapporteur to the SNAP process and I am delighted that we have secured this debate on SNAP’s first annual report. John Finnie will sum up later on behalf of the committee.

I emphasise that human rights are not something separate or academic, or something to concern us only in countries where we consider, rightly or wrongly, that human rights are abused; human rights are the founding principles of the right to dignity, for example, and they should permeate all areas of Scottish life but especially our public services. That is why the membership of the SNAP leadership panel is as it is. For example, it includes the former convener of the Scottish Council for Voluntary Organisations; the chief executive of the Care Inspectorate; John Scott, Queen’s counsel and vice-convener of Justice Scotland’s executive committee; the chair of the Scottish Refugee Council; the chair of Engender; the deputy chief constable of Police Scotland; the deputy general secretary of the Scottish Trades Union Congress; and the director of integration and development at the Convention of Scottish Local Authorities. People from across the range of public services are part of the leadership panel.

The SNAP process was based on evidence gathered over a three-year period and was launched on 10 December 2013, which was international human rights day. The SNAP process sets out a framework of shared responsibilities and steps to address gaps in good practice. It has been described as a road map—again, that is not a term that I would use as I find metaphorical road maps and landscapes, cluttered or otherwise, clichés that go a step too far. However, it is a “road map” for the realisation of all internationally recognised human rights.

The SNAP vision is of a Scotland in which everyone is able to live with human dignity. I am sure that we all share that vision. In responding to the current political and economic context in Scotland, the SNAP process pursues three outcomes, supported by nine priorities. The outcomes are a better culture; better lives; and a better world. SNAP promotes a human rights-based approach emphasising participation, accountability, non-discrimination, empowerment and legality—or PANEL, which is yet another acronym. However, the approach has several proven benefits: upholding the rights of everyone; supporting person-centred services; helping good decision making; improving institutional culture and relationships; and ensuring legal compliance and promoting best practice.

Helping good decision making, for example, means, as the report says, putting people at the heart of decisions where the impact of a decision on people’s rights is properly assessed before it is made, so that policies like the bedroom tax—manifestly unfair, with a disproportionate impact on vulnerable and disabled people—would not, as the report says,

“get off the starting blocks.”

Those are progressive but challenging outcomes. To achieve them, the SNAP process is overseen by a leadership panel, which is chaired by Professor Alan Miller. The panel is made up of 26 leaders from different sectors across the spectrum of public life in Scotland, including the legal profession. Professor Miller told the Justice Committee that over 40 organisations play a role in implementing SNAP. The panel receives regular reports from a number of action groups, which also have representation from different sectors.

Now to the annual report. I have it in my hands, and an excellent production it is. Alison McInnes was quite right to say that it is a well-presented report that people can actually read. It does not put people to sleep. It is properly presented and easily understandable, so I congratulate whoever is responsible. They know how to make a report informative and understandable as well as attractive.

The report reflects on successes in year 1, such as the Glasgow Commonwealth games becoming the first games to have a human rights policy and the commitment that SNAP has achieved from partners to embed human rights in the integration of health and social care across Scotland. We all know of cases in which people, perhaps particularly elderly or vulnerable people, are not given the dignity that they deserve in some of our social care and health services.

The report describes challenges that are likely to be faced by SNAP in year 2, such as challenges in increasing people’s understanding of their human rights and participation in decisions that affect them, increasing organisations’ ability to put those rights into practice and increasing accountability through human rights-based laws, governance and monitoring. Professor Miller told the Justice Committee that that will include implementing the Scottish Human Rights Commission’s action plan on justice for victims of historic abuse of children in care and reviewing Police Scotland’s first couple of years from a human rights perspective, so challenges lie ahead.

As the Justice Committee, we have engaged with the SNAP process by appointing John Finnie, whom I have already mentioned, as rapporteur. Mr Finnie receives an update from Professor Miller twice a year and reports back to the committee. As members can see, we are also sponsoring this debate.

The Justice Committee and the Justice Sub-Committee on Policing have also sought to promote human rights principles in our day-to-day work. For example, in considering the Victims and Witnesses (Scotland) Bill, we had to balance protection of witnesses—in particular, vulnerable witnesses and often the alleged victim—with the rights of the accused to a presumption of innocence and to be convicted on evidence beyond reasonable doubt, with the onus on the Crown to establish that guilt. How far, for example, should a vulnerable witness be protected from robust questioning? The sub-committee also scrutinised Police Scotland on inappropriate use of stop and search, because there are issues of infringement of civil liberties, and that led to change.

More recently, last Tuesday, the Justice Committee took evidence on the Scottish Government’s changes to the arrangements for inspection, monitoring and visiting of prisons. We heard evidence about, for example, compliance with the optional protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment—OPCAT—and we will pursue the issues with the Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights when we hear from him on 16 December. I put him on notice.

Whether it is about protecting access to legal aid, a fair hearing or a right to freedom of movement or expression, balanced as ever against individual responsibilities in a democratic country, our human rights and those of our neighbours and communities permeate every corner of our lives. We often take them for granted until they are threatened, eroded or even withdrawn. We should always be on red alert about protecting those rights.

If and when anyone asks when the Parliament considers human rights issues or, more particularly, when the Justice Committee considers them, I will reply that the answer is all the time, because access to justice, whether civil or criminal, is at the core of a civilised justice process.

However, as a committee, we are also a critical friend of the SNAP process and we perform a scrutiny role. That is why our rapporteur is not a member of the leadership panel. We note the achievements of year 1, but we also note that there is more work to be done, as the report acknowledges. We will continue to scrutinise the leadership panel and hold it to account for delivery of the SNAP objectives through the work of our rapporteur, evidence sessions and debates such as this one. Through our rapporteur, we also champion human rights in the Parliament and continually think of ways in which rights can be promoted and protected in the work of this institution.

I look forward to listening to members’ speeches in this reflective, positive and non-confrontational debate about SNAP. I note the distance that has been travelled so far and the successes that there have been, but I also note that there is still some distance to go.

I congratulate the leadership panel on a successful first year and I trust that it will ensure that good progress is made in meeting the objectives of SNAP by 2018. I repeat that I commend the leadership panel on an excellent first annual report. As I said, it is clear, accessible and user friendly, and the committee acknowledges the hard work that has been put in to make it so.

I have pleasure in moving,

That the Parliament notes the publication on 19 November 2014 of the first Scotland’s National Action Plan for Human Rights (SNAP) annual report, SNAP: Scotland’s National Action Plan for Human Rights - Year One Report.