§ 25. Mr. David Stewart (Inverness, East. Nairn and Lochaber)When she last met the Lord Advocate and the Solicitor-General for Scotland to discuss the implementation in Scotland of the European convention on human rights. [101243]
§ 27. Mr. Tam Dalyell (Linlithgow)What discussions she has had with the Law Officers in Scotland on implementation of the European convention on human rights in Scotland. [101245]
§ The Advocate-General for Scotland (Dr. Lynda Clark)I meet the Lord Advocate and the Solicitor-General regularly to discuss matters of mutual interest.
§ Mr. StewartI thank my hon. and learned Friend for her reply, and welcome her to her post. What views has she had from court about the implementation of the European convention on human rights, and what is her view of the Fort William case, which has been given a ruling under the convention in regard to limits for legal aid?
§ The Advocate-General for ScotlandI thank my hon. Friend for his introductory remarks.
The main issues that have been raised relate to criminal proceedings and alleged breaches of article 6 of the convention. That article relates to the right to a fair trial. The issues involved concern delay in proceedings, access of the accused to a solicitor, legal aid, temporary sheriffs and self-incrimination in road traffic cases. In regard to civil proceedings, there have been challenges to provisions of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999.
I understand that there has been a Crown appeal in relation to the Fort William case, but in the circumstances the case is sub judice and it would not be appropriate for me to comment further.
§ Mr. DalyellHow is the early introduction of the convention working?
§ The Advocate-General for ScotlandIt is working very well. The Government were elected to modernise the British constitution, and giving further effect to the convention and providing domestic remedies is an important part of that. As my hon. Friend will know, the Human Rights Act 1998 will come into effect throughout 139 the United Kingdom next year and, under the Scotland Act 1998, the convention already applies to the Scottish Parliament and to the Executive. That is an integral part of the devolution settlement. It gives the individual the right to challenge in court, by raising a devolution issue, matters that allegedly contravene convention rights. That is good for both individual liberty and democratic government, and the people of Scotland are the first to benefit.
§ Mr. Menzies Campbell (North-East Fife)As the Advocate-General knows, I hold her in high and affectionate regard, and I hope that she will not take my question amiss.
Using the example that she has just given us, can the Advocate-General tell us exactly what her job is?
§ The Advocate-General for ScotlandI was unaware of the affectionate regard, but I am delighted to hear of it.
If the right hon. and learned Gentleman had read the Scotland Act 1998, he would have at least a clue to my duties. Under the Act, I have certain statutory duties, including the ability to refer Scottish Parliament legislation to the Privy Council in certain circumstances. I have certain interests relating to devolution issues, to which I referred earlier, and I have also inherited the opinion work of the Lord Advocate. In my role as a United Kingdom Law Officer, I advise the UK Government and Departments about devolved and reserved Scottish matters. I also advise on more general matters such as human rights and European law. I attend several Cabinet Committees—five at the last count. Is that reply sufficient for the right hon. and learned Gentleman?
[Interruption.]
§ Madam SpeakerOrder. The hon. and learned Lady was asked a question. Let her answer.