§ 26. Ann McKechin (Glasgow, Maryhill)What assessment she has made of the change in the way in which the Human Rights Act 1998 is applied in Scotland since devolution. [81430]
§ The Advocate-General for Scotland (Dr. Lynda Clark)There have been significant changes. I have noted that alleged breaches of the convention can now be raised much more quickly and effectively in domestic courts. In some areas of procedural uncertainty, I have attempted to obtain clarification of the law.
§ Ann McKechinI thank my hon. and learned Friend for her reply. I agree about the success of the implementation of the Human Rights Act, especially in greatly speeding up the process of pursuing cases in the courts. What examples can she give of recent attempts to clarify the law in that regard?
The Advocate-GeneralMy hon. Friend will appreciate that some of the matters are technical. There was a problem after the Human Rights Act came into force because some litigants thought that they no longer had to use the devolution minute procedure but could rely instead on the Act. I took a test point in the case of Mills which confirmed that the Scotland Act 1998 is the correct route to follow if a party litigant wants to allege that a Scottish Minister, including the Lord Advocate, is in breach of the convention. There have been other examples of that, too.