Scotland would remain subject to the European Convention on Human Rights even if Westminster follows through its threat to withdraw, SNP ministers have said amid widespread criticism of the Tory plan. Roseanna Cunningham, the Scottish Community Safety Minister, said the Conservative proposal to replace the Human Rights Act with a British Bill of Rights would require Holyrood’s consent and this would not be forthcoming. Her stance was supported by Alistair Carmichael, the Scottish Secretary in the UK Government, who predicted no constitutional problems if Scotland remained subject to the Convention while the rest of the UK did not. Under the Conservatives’ plan if they win next year’s general election, the European Courts would not be able to require the UK to change British laws, with its judgements being treated as advisory rather than binding. Instead, the UKs Supreme Court would be the ultimate arbiter on human rights matters. MPs could also use the proposed British Bill of Rights to veto any rulings made by the European Court of Human Rights (ECHR). Chris Grayling, the Justice Secretary at Westminster has published a paper stating the change would stop the “farce” of foreign criminals and terrorists being allowed to fight deportation from Britain by invoking European human rights rulings. But Dominic Grieve, the Tory MP and former Attorney General, yesterday warned the plans were “full of howlers” and took no account of the fact the European Convention was written into the Scottish devolution settlement. Both SNP ministers and Mr Carmichael, a Liberal Democrat, applauded Mr Grieve’s intervention and made clear their strong opposition to the plan. Ms Cunningham said it “would require the consent of the Scottish Parliament and, given our long-standing opposition, we would invite the Scottish Parliament to refuse this.” She added: “Human rights protections, and the Human Rights Act, are central to the law of Scotland and we intend to do everything within our power to ensure those protections remain in place.” Mr Carmichael warned any attempt to repeal the Human Rights Act would have serious implications for devolution and predicted a “compromise” could be reached to keep Scotland subject to the European Convention. This proposal rears its ugly head every time an election draws near or Nigel Farage appears on the Conservatives radar screen, the Orkney and Shetland MP told a Law Society of Scotland conference. It is one thing to throw some red meat to those on the Right, but when the cost of that would be the loss of universal rights in force in UK courts to the benefit of every man, woman and child in this country, then in my view that price is too high.” Speaking at the same conference, Kenny MacAskill, the Scottish Justice Minister, said: Scotland should not accept a diktat forced upon us”. Earlier, Mr Grieve told Radio Four’s Today programme it was “noteworthy” that Mr Grayling’s paper made no mention of devolution enshrining the requirement that the European Convention be observed in Scotland. He said Westminster is sovereign and could change the law for Scotland “but I think in view of the way devolution has unfolded that’s something that would be a little bit difficult without consultation and I’m not aware that any consultation has taken place.
Posted on: Sat, 04 Oct 2014 11:31:49 +0000
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