Human Rights Act reform consultation: Scottish Government response

17. Should the Bill of Rights contain a remedial order power? In particular, should it be:

a. similar to that contained in section 10 of the Human Rights Act;
b. similar to that in the Human Rights Act, but not able to be used to amend the Bill of Rights itself;
c. limited only to remedial orders made under the 'urgent' procedure; or
d. abolished altogether?

Please provide reasons.

255. As the Scottish Government made clear in its response to the IHRAR consultation, the existing power to make remedial human rights orders strikes an appropriate balance.

256. A case can be made for further restricting the scope of such remedial orders so that they cannot be used to amend the HRA itself, and this would better align with the principle that significant changes to primary legislation should only be made by means of new primary legislation.

257. However, the Scottish Government does not believe that there is a pressing case for an amendment of this kind.