Justice Secretary briefs Holyrood on coronavirus response
Human rights, equality and community impacts of the coronavirus legislation are being monitored by the Scottish Government, which continues to engage with interest groups in the field, Humza Yousaf has assured Holyrood's Justice Committee.
In a lengthy response to questions raised by the MSPs on justice and policing in light of the COVID-19 emergency, the Cabinet Secretary assures them that all of the recent UK and Scottish legislation has been assessed for compliance with the Convention rights set out in the Human Rights Act 1998.
"Assessment of wider human rights implications, including in relation to economic, social and cultural rights, is being undertaken as part of our overall management of the response to the current emergency", he states. "Similar ongoing evaluation of potential equality and community impacts is also being undertaken as the situation evolves and we will continue to engage proactively with human rights and equality stakeholders and community representatives."
He added that the Government welcomes the high-quality commentary and analysis produced by the national human rights institutions and others in response to legislative proposals, "and is particularly grateful for speed with which expert commentators have been able to respond in challenging circumstances".
Mr Yousaf further confirmed that the Government is now working urgently with the judiciary, legal profession, political parties and organisations representing victims on further legislative proposals following the withdrawal of the emergency provisions relating to solemn trials including the suspension of the use of juries, "with a view to seeking to maintain, so far as possible, an effective justice system".
Referring to published guidance on social distancing and also on "potentially infectious persons", he said it was for the chief constable to determine the operational approach the police would take to exercising their powers under the legislation.
No decisions have yet been taken as to whether the powers to allow early release of prisoners will be used, "and I can assure the committee that any release under these provisions would be subject to an appropriate level of risk assessment".
He considers that the present legislation on using pre-recorded evidence is sufficient to support the response to the outbreak.