Care needed over new Human Rights Bill: Commission
Careful consideration must be given to the legal approach to achieving the new Human Rights Bill, the Scottish Human Rights Commission has warned the Scottish Government in a consultation response published today.
The comments follow recent legal challenges to the competence of the Scottish Parliament to pass legislation to improve human rights protection in Scots law, in particular the UN Convention of the Child (Incorporation) (Scotland) Bill.
The Commission strongly recommends that further analysis is required to identify the strengths and challenges of different models of incorporation of the treaties, to avoid weakening of protections. It also calls for transparency on the engagement between the Scottish and UK Governments around the competence of the proposed bill as it develops, to avoid unnecessary delays.
Its submission is only one of three reports launched today. The second report, Towards a Model of Incorporation, includes a legal opinion, prepared for the Commission by independent senior counsel, on building human rights protections within a devolved setting.
The third report recommends new powers for the Commission to protect and promote human rights in Scotland. It highlights that Scotland is the only country in the UK where its national human rights institution is unable to undertake investigations, provide advice to individuals, or raise legal proceedings in its own name in respect of human rights violations.
The proposed Human Rights Bill for Scotland provides a catalyst for the process to review the law which governs the Commission’s powers, but the Commission warns that these new powers must not be limited to those rights which are within the scope of the proposed bill.
Jan Savage, executive director of the Scottish Human Rights Commission, commented: "The Commission is concerned that people in Scotland continue to experience human rights denials, as evidenced in our own research and reports to international bodies, as well as by regulators in health, education, criminal justice, social care, and housing, civil society and media investigations.
"Having advocated for a new legal framework for over a decade, the Commission welcomes the Scottish Government’s proposals for a Human Rights Bill. We believe these provide a significant milestone towards a framework for stronger human rights protection in Scotland.
"However, the context in which this legislation is proposed is significantly different than it was years ago when the ambition of the bill was first explored by the Scottish Government. Uncertainty over the scope for stronger legal protection for human rights in the devolved context must be brought to a close."
She added: "Regardless which approach is ultimately pursued, the Scottish and UK Governments must deliver more effective communication and collaboration in their engagement regarding incorporation so that the progressive development of human rights protection in Scotland is not unnecessarily undermined or delayed."