§ 26. Mr. Desmond Browne (Kilmarnock and Loudoun)If she has been consulted about the proposal to set up a commission for human rights in Scotland; and if she will make a statement. [126361]
§ The Advocate-General for Scotland (Dr. Lynda Clark)The Deputy First Minister and Minister for Justice announced on 7 June that the Scottish Executive would publish a consultation paper in the autumn and that, following the consultation, a decision would be reached in due course, possibly next year. I will consider in due course whether to make formal representations in the consultation process.
§ Mr. BrowneThe incorporation of the European convention on human rights into the domestic law of the United Kingdom may in the long term be the most significant and radical constitutional change that the Government have made. In the short term, however, the Scottish experience shows that although there have been a number of very important cases, a plethora of ill-founded and spurious cases has been taken before the courts on the basis of the convention. Does not that suggest that we should await the incorporation of the convention in October and let it settle down, before putting in place the institutions that we need to enforce it?
The Advocate-GeneralMy hon. Friend makes an interesting point. Decisions about such sensitive matters should not be taken in haste. The consultation that the Scottish Executive is carrying out will no doubt have time to consider alternative models for scrutiny and enforcement of convention rights, taking into account, for example, existing constitutional arrangements, statutory bodies and the best use of limited financial resources.
§ Mr. Menzies Campbell (North-East Fife)But may we take it that the Advocate-General will press hard for the establishment of a commission to deal with human rights matters in Scotland, and in particular to ensure that that 707 commission extends to political parties? How else are we to ensure that the treasurer of the Scottish National party is not the subject of a motion of no confidence moved in his absence?
The Advocate-GeneralI am sure that the right hon. and learned Gentleman will press on behalf of his party for whatever policy he considers most appropriate. For my part, I will wait until I see the consultation paper, then I will make representations, if appropriate, taking into account the United Kingdom position.
§ 27. Miss Anne McIntosh (Vale of York)What recent advice she has given on the implications of the incorporation of the European convention on human rights into United Kingdom law on the number of cases brought before (a) the High Court and (b) the Court of Session; and if she will make a statement. [126362]
§ The Advocate-General for Scotland (Dr. Lynda Clark)The incorporation of convention rights into Scots law following devolution has resulted so far in about 700 devolution issues being raised under the Scotland Act 1998. To date, the vast majority have arisen in the context of criminal trials.
§ Miss McIntoshI am grateful to the hon. and learned Lady for that answer. Has she given advice concerning the number of cases and the extra number of sittings that will be required? In England, it is estimated that the number of judicial review applications alone will double to 2,800, and that the number of sitting days in the High Court and Court of Appeal will lead to an annual increase in costs of £60 million. Has the hon. and learned Lady made a similar assessment of the costs in Scotland? How will she find the money to cover the additional costs?
The Advocate-GeneralThe hon. Lady will remember that my role is to advise the UK Government. Obviously, the Scottish Executive have their own officers to advise them about such matters. I have certainly kept UK Government Departments well informed about the types and numbers of cases and some of the implications of experience in Scotland.