§ 25. Mr. John Bercow (Buckingham)What discussions she has had with the Home Secretary about the impact of the Human Rights Act 1998 on Scottish law. [141588]
§ The Advocate-General for Scotland (Dr. Lynda Clark)There is frequent contact between my office and the Home Department, both at official and ministerial level, about matters of common interest, including human rights.
§ Mr. BercowI am grateful to the Advocate-General for that reply. Is the hon. and learned Lady aware that there was widespread disgust in the country at the initial Scottish Appeal Court ruling that an individual accused of drink driving should not be obliged to state whether he or she was the registered keeper or the driver at the material time and that the decision of the Law Lords to overturn that perverse ruling was widely welcomed by my constituents and those of other tight hon. and hon. Members? Will she accept that, in the light of the passage of the pernicious Euro-inspired Hun tan Rights Act 1998, it is essential that she should be able to offer us an assurance that there will be no repetition of such unjust, pernicious and untenable cases in Scotland in future?
The Advocate-GeneralI am sure that the hon. Gentleman will be delighted to know that, as Advocate-General, I argued that case before the Privy Council with some success. I argued it on the basis not of disgust, perniciousness or any other matters, but of logic and rationality. I am pleased to say that those arguments were upheld.