Consortium calls on next UK Government to urgently restore devolution to enable effective Scottish human rights law

Consortium calls on next UK Government to urgently restore devolution to enable effective Scottish human rights law

People in Scotland need human rights law to be as effective as possible. We need human rights law that includes enforceable rights, and covers all Scottish public services.

However, a UK Supreme Court ruling on the UNCRC Incorporation Bill narrowed the scope of that Bill significantly, far more than was hoped or intended. This also affects the upcoming Scottish Human Rights Bill. Big parts of law that affect areas such as housing and health will not be fully covered.

Now, the Consortium is calling on the next UK Government to reverse the implications of the Supreme Court ruling and restore devolution so that it does not stand in the way of all our rights in law in Scotland.

In a new report, commissioned by the Consortium, Professor Aileen McHarg provides important insights into the implications of the Supreme Court ruling and proposes a number of ways to mitigate its impacts. This includes amending 'Sch.4 para.4 of the Scotland Act to make clear that the prohibition on modification of s.28(7) does not prevent the Scottish Parliament from legislating to condition the meaning or effect of UK Acts.’ 

This same devolution 'problem' affects Wales and Northern Ireland also.

Furthermore, devolution constraints affect the incorporation of rights treaties for disabled people, women and people from ethnic minorities. Clarifying the equal opportunities reservation would help to enable full incorporation of these treaties in Scotland.

The next UK Government has a real opportunity to be on the side of sensible devolution and protection of human rights. We’re asking all the political parties to grasp this opportunity, include amendments to devolution statutes in their General Election manifestos, and make these changes a priority in their first weeks in power.

Click here to read the report by Prof Aileen McHarg in full 
Click here to read a blog about the report, written by Consortium Director Mhairi Snowden