As Chair of the Joint Committee on Human Rights, I will focus on aspects of the Bill that potentially breach the European convention on human rights.
The Committee will be scrutinising the Bill very carefully and reporting on it in early course. So far as I can see, however, the Bill is designed to set the UK on a deliberate collision course with the European Court of Human Rights. In their human rights memorandum, the Government accept that the Bill engages articles 2, 3, 4, 5, 6, 8, 13 and 14 of the ECHR. By her statement under section 19(1)(b) of the Human Rights Act, the Home Secretary clearly accepts that some or all of those rights might be breached by the Bill. For once, she is correct.
The Joint Committee on Human Rights published in January our report on the Bill of Rights Bill. We said that that Bill should be scrapped. Now we see some of its most reprehensible aspects cropping up in this Bill. Time permits me to identify only two. First, clause 1(5) undermines the fundamental principle of the universality of human rights by creating a class of people in respect of whom the courts in the United Kingdom will not be required to interpret the Bill in a way that is compatible with the convention.
Secondly, clause 49(1) sets conditions on the UK’s compliance with interim measures issued by the Court in Strasbourg. The Home Secretary tries to pretend that there is something unusual about such orders, but any undergraduate law student knows that for a legal system to be effective, courts must be able to issue interim orders requiring parties to take, or not to take, certain steps while the full arguments in a case are litigated. In Scotland, they are called interim interdicts, while in England they are interim injunctions; I am sure the Home Secretary must have heard of them. Such orders are issued by the Strasbourg Court to prevent irreparable damage to human rights while a case is being considered. It was interim orders from the Strasbourg Court that stopped Russia executing British soldiers Shaun Pinner and Aiden Aslin.
Talking of Russia, many of the Bill’s provisions echo legislation passed by Russia in 2015 that limits the availability and applicability of ECHR rights—and we all know what happened to Russia’s membership of the convention. Is that really the sort of bedfellow that the UK wants?
In Scotland we want no part of this. The convention is written into the Scotland Act, embodying the devolved settlement, which is the settled will of the Scottish people. If the UK takes us out of the ECHR, it will be without the consent of Scottish voters and without the consent of our Parliament. When I led a delegation of the Joint Committee to Strasbourg last year, I was told by interlocutors there that if the UK leaves the ECHR it will strengthen the case for Scottish independence. While the Tories try to give Labour a headache, they are creating yet another reason for Scots to favour independence over the status quo
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