§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether further to the reply of Lord Fraser of Carmyllie of 2 March (WA 104), 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 may be relied upon in Scottish courts to resolve ambiguities in domestic legislation.
§ The Minister of State, Scottish Office (Lord Fraser of Carmyllie)There does not appear to be any decision of the Scottish courts in which they have held that the European Convention of Human Rights can or cannot be relied upon, in appropriate cases, as an aid to construction of domestic legislation. It is a matter for the Scottish courts, and ultimately for the House of Lords, to decide whether Scots law adopts the same rules of statutory interpretation which have been acknowledged to exist in an English case by the House of Lords.