Scottish Government’s Named Persons scheme incompatible with Article 8

The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) [2016] UKSC 51 – read judgment here

The Supreme Court has today unanimously struck down the Scottish Parliaments’s Named Persons scheme as insufficiently precise for the purposes of Article 8, overturning two previous decisions at the Court of Session (see our previous coverage here).

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The Round-Up: Holyrood’s Hard-line, and Sumption’s Long Game

SumptionLaura Profumo brings you the latest human rights happenings.

In the News: 

Nicola Sturgeon, the Scottish First Minister, announced last week that it was “inconceivable” that the SNP would support the Conservative plans to scrap the Human Rights Act. Talking to an audience in Glasgow on Wednesday, Sturgeon pledged her unequivocal commitment to block the HRA-repeal. Sturgeon warned that human rights remained a “devolved issue”, meaning that Scottish opposition might well hamper Gove’s forthcoming efforts. Many find sympathy with Sturgeon’s stance. Sturgeon values the HRA as a “careful model” which incorporates human rights protection into UK law, without upsetting our constitutional bedrock, writes Alex Cisneros in The Justice Gap. Continue reading

Will devolution scupper Conservative plans for a “British” Bill of Rights?

Referendum In his speech at yesterday’s Conservative Party conference, the Prime Minister confirmed that the party’s 2015 election manifesto will include a commitment to repeal the Human Rights Act 1998 (HRA) and replace it with a “British Bill of Rights”. Last night, however, The Scotsman newspaper quoted a Scotland Office spokesman as saying that the change would not apply in Scotland. According to the article, the spokesman “confirmed that human rights legislation is devolved to the Scottish Parliament because it was ‘built into the 1998 Scotland Act [and] cannot by removed [by Westminster].’” As reported, this statement is seriously misleading. However, it does highlight genuine difficulties that devolution creates for the implementation of plans to reform human rights law. Continue reading