§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider, in the light of the decisions of the Court of Session in Kaur v Lord Advocate 1981 SLT 322 and Moore v Secretary of State for Scotland 1985 SLT 38, that the European Convention on Human Rights has the same status in the law of Scotland as in the laws of England, Wales and Northern Ireland.
§ The Minister of State, Scottish Officer (Lord Fraser of Carmyllie)Yes. The decisions in the cases ofKaur and Moore were to the effect that the rights conferred by the convention were not directly enforceable by the Scottish courts because the convention was not part of the domestic law of Scotland. It is thought that a similar view would be arrived at by the courts in any other part of the United Kingdom.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they have any plans to introduce legislation to overrule the decisions of the Court of Session in Kaur v Lord Advocate 1981 SLT 322 and Moore v Secretary of State for Scotland 1985 SLT 38, that, in the absence of legislation, the European Convention on Human Rights plays no part in Scots law; and, if not, why not.
105WA
§ Lord Fraser of CarmyllieNo. The decisions inKaur and Moore reflect the well known constitutional principle that an international treaty or convention to which the United Kingdom is a party does not form part of the domestic law of any part of the United Kingdom, unless and until Parliament has legislated to give effect to it. This principle was affirmed by the House of Lords in R v Home Secretary, ex parte Brind 1991 1 AC 696 per Lord Bridge at p.747.