§ 26. Miss Anne McIntosh (Vale of York)What recent advice she has given on the implications of the European convention on human rights; and if she will make a statement. [155196]
§ The Advocate-General for Scotland (Dr. Lynda Clark)When requested, I give advice as a UK Law Officer on various matters, which include issues related which include issues related to the human rights convention.
§ Miss McIntoshThe hon. and learned Lady will recall the advice that she gave on a recent road traffic case involving the right to remain silent under the Human Rights Act 1998. Does she share my concern that whereas road traffic cases were previously dealt with uniformly under Scots and English law, there may now be a difference of interpretation across the border?
The Advocate-GeneralI appreciate the hon. Lady's interest in the matter, but I am not sure that I agree with her. The whole point of taking a matter to the Privy Council is to have it determined by the highest court. Regard will be given to the Privy Council's rulings in English courts as well as those in Scotland.