§ 16. Mr. Tam Dalyell (Linlithgow)What human rights issues have been raised with her since 20 May. [120183]
§ The Advocate-General for Scotland (Dr. Lynda Clark)Since 20 May, I have received intimation of 28 devolution issue minutes, all of which have concerned human rights issues. They were all raised in connection with criminal proceedings and concerned a wide range of matters including pre-trial delay, actions of police officers prior to arrest and surveillance carried out before the Regulation of Investigatory Powers Act 2000 came into force.
§ Mr. DalyellAs a United Kingdom Law Officer, does the Advocate-General think that the Scottish and indeed English legal traditions are at ease with the Guantanamo Bay mentality of certain of those surrounding the President of the United States about not bringing to trial those Iraqis who have been put in custody, whatever they may have done?
The Advocate-GeneralI have the highest respect for both the Scottish and English legal traditions; of course, one of my jobs as Advocate-General is to explain the Scottish legal tradition to other countries. In the Adjournment debate that my hon. Friend recently secured, the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Harlow (Mr. Rammell), gave him some information about the situation of people who were detained. I have nothing to add.
§ Mr. Menzies Campbell (North-East Fife)What consideration has the Advocate-General given to the human rights implications of the treaty with the United States Government entered into by the Home Secretary and published on 21 May, which provides for extradition without prima facie evidence of any offence having been committed and is also of retrospective application? Does not that treaty raise fundamental issues about the human rights of people in Scotland who may be subject to its provisions?
The Advocate-GeneralI regret to inform the right hon. and learned Gentleman that, as he well knows, the consideration that I give is in private, and any advice that I give, in accordance with normal convention, is not disclosed.