Human Rights Act reform consultation: Scottish Government response

14. Should a new database be created to record all judgments that rely on section 3 in interpreting legislation?

236. The Scottish Government would have no objection to a process which records instances where the judgment handed down by a court relies on the use of section 3.

237. This would make it easier to establish how often section 3 is used. Such a mechanism would be of obvious assistance to the JCHR, to the Scottish Parliament where devolved competence is engaged, and to a wider audience including civil society stakeholders, legal professionals and the academic community.

238. The Scottish Government would, however, suggest that the practicalities of such a scheme are discussed with the judiciary and the courts in order to ensure that the costs to the courts system in Scotland of administering a mechanism of this kind are not disproportionate.

239. That is especially the case given that the system would have to capture all reported lower court judgments in addition to judgments in the higher courts^[52]. As such, the Scottish Courts and Tribunals Service's independent and objective views should be sought in the event that a decision is made, in principle, to develop and implement proposals for a recording mechanism.