§ 24. Miss Anne McIntosh (Vale of York)On how many occasions she has been requested to give advice on the implementation of the Human Rights Act 1998 in Scotland; and if she will make a statement. [159313]
§ The Advocate-General for Scotland (Dr. Lynda Clark)When requested, I give advice, as a United Kingdom Law Officer, on a variety of matters including questions concerning the implementation of the Human Rights Act 1998.
§ Miss McIntoshI am most grateful to the Advocate-General for repeating her answer to my question of one month ago. Will she now tell me how many times she has been requested to give legal advice, what the cost of such advice has been on such occasions and what the total cost of implementing the Human Rights Act in Scotland has been?
The Advocate-GeneralDuplication—we call it corroboration in Scotland—is a doctrine with which the hon. Lady may be familiar. It is a long-standing tradition that Law Officers do not advise about the questions that they have been asked—one which Law Officers on both sides of the House recognise.
I am not going to answer the hon. Lady's question because of that general convention, Which Administrations of all complexions have followed for many years, and from which I see no reason to depart on this occasion. So far as the cost is concerned, my salary is a matter of public record; hon. Members can look it up.
§ Mr. Tom Clarke (Coatbridge and Chryston)Does my hon. and learned Friend agree that, in terms of human rights in Scotland, the Disability Rights Commission will always have an important part to play? It is one of the finest achievements of the Government. Will she remember that hundreds of thousands of people in Scotland are delighted that this United Kingdom Parliament delivered that measure?
The Advocate-GeneralWith Some assistance from my right hon. Friend, the convention on human rights has been delivered in Scotland. It is an important step that individual citizens can now exercise their rights and have their rights guaranteed by the domestic courts of this country, which is a much cheaper and quicker alternative than going to Strasbourg.
§ Mr. Crispin Blunt (Reigate)Having just treated the House to that extraordinary mixture of incompetence and contempt, will the Advocate-General tell us what she is for?
The Advocate-GeneralCertainly. If the hon. Gentleman wishes to listen, I will tell him—at length, if Mr. Speaker permits. Under the Scotland Act 1998, I have a number of functions. I inherited the advisory functions of the Lord Advocate and the Solicitor-General. I advise the United Kingdom Government about a range of matters on not only Scots law but European law, including the European convention on human rights. I also sit on a number of Cabinet Committees. I have a statutory role under section 33 of the 1998 Act of considering Scottish Parliament legislation, and—
§ Mr. SpeakerOrder. The question is about human rights, not about the Advocate-General's role.
§ 25. Mr. David Stewart (Inverness, East, Nairn and Lochaber)If she will make a statement on her role in monitoring the impact of the Human Rights Act 1998. [159314]
§ The Advocate-General for Scotland (Dr. Lynda Clark)If the human rights point raises a devolution issue, it must be intimated to me and I have powers to intervene. I am also kept informed about the general impact of the Human Rights Act, including important court cases. With reference to the question from the hon. Member for Reigate (Mr. Blunt), it is because of the devolution aspects that I have a role in relation to human rights.
§ Mr. StewartDoes my hon. and learned Friend agree that the advantage of the Human Rights Act is that it makes justice more accessible for ordinary people by fast-tracking access to the United Kingdom courts. avoiding the cost and the delays involved in going to Strasbourg? How long does it take to raise a case now?
The Advocate-GeneralA human rights case can be raised with great speed in the domestic courts in Scotland. Depending on the situation, it could be raised and dealt with by the court within a few days. The appeal process has shown that human rights issues can be taken through the entire process, all the way to the Privy Council, within months, which is a vast improvement on the previous situation, whereby individual citizens sometimes had to wait years before a court considered their claim.