Kenny MacAskill

Answer · Alex Neil · 18 Aug 2015

The requirement to act compatibly with the convention rights identified in the Human Rights Act 1998 is relevant to the rights of persons detained in prison.

Answer · John Swinney · 12 Aug 2015

I refer the member to the answer to question S4W-26198 on 7 July 2015. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Answer · John Swinney · 7 Jul 2015

I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at:http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Answer · John Swinney · 7 Jul 2015

I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Answer · John Swinney · 7 Jul 2015

I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at:http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Answer · Alex Neil · 17 Jul 2015

As a High Contracting Party to the European Convention on Human Rights, the United Kingdom has undertaken to abide by the final judgment of the court in any case to which it is a party. That obligation is binding in international law.
Within the United Kingdom, the devolved administrations have lead responsibility for observing and implementing relevant treaty obligations, where these relate to devolved matters.
As a matter of domestic law, the Scottish Government, in common with other public authorities, must not act in a manner that is incompatible with the Convention Rights identified in the Human Rights Act 1998. In determining whether any particular action is incompatible, the Scottish Courts are required to take account of the judgments and other decisions of the European Court of Human Rights.

Answer · Alex Neil · 17 Jul 2015

I refer the member to motion S4M-11484, of 11 November 2014, moved by Roseanna Cunningham on behalf of the Scottish Government and agreed to by members of four out of five of the political parties represented in this Parliament.
The motion makes clear that the Human Rights Act 1998 provides a successful and effective implementation in domestic law of rights enumerated in the European Convention on Human Rights. As such, it should enjoy the unequivocal backing of all who are committed to upholding human rights, democracy and the rule of law.
That remains the position of the Scottish Government.