Human Rights Act reform consultation: Scottish Government response

19. How can the Bill of Rights best reflect the different interests, histories and legal traditions of all parts of the UK, while retaining the key principles that underlie a Bill of Rights for the whole UK?

271. The firm view of the Scottish Government is that Scotland's interests, history and independent legal system are best protected (under the current constitutional settlement) by retaining the HRA in its current form. The Scottish Government therefore strongly opposes the proposal for a new "Bill of Rights".

272. The Scottish Government has consistently made clear that it would regard the repeal or replacement of the HRA as a matter of deep concern and that such a move would be unacceptable were it to apply in Scotland. Loss of the HRA would also be detrimental to the UK's national interest and to human rights at the international level.

273. It is absolutely clear under the Scotland Act that, while the HRA itself cannot be modified by the Scottish Parliament, human rights per seare not reserved.

274. As such, it is open to the Scottish Parliament to legislate, within devolved competence, in relation to all aspects of human rights in Scotland. In the event that members of the UK Parliament representing other parts of the UK were to decide to repeal or replace the HRA, those changes should not apply to Scotland.

275. The established view of the Scottish Government, and of the overwhelming majority of members of the Scottish Parliament, is that changes affecting Scotland must not be made to the HRA without the explicit consent of the Scottish Parliament^[56]. That requirement is reflected in long standing UK Government guidance on the devolution settlement.^[57]

276. Any new legislative provision relating to human rights in devolved areas is, similarly, a matter for the Scottish Parliament. The Scottish Government intends to introduce its own human rights bill during the current parliamentary session, in line with the manifesto commitment given at the last Scottish Parliament election in 2021. The proposed legislation is intended to go further than the HRA by incorporating internationally-recognised economic, social and cultural rights into Scots law, as well as restating the rights protected by the HRA^[58].