Human Rights Act reform consultation: Scottish Government response

28. We would welcome comments on the options, above [in the consultation paper], for responding to adverse Strasbourg judgments, in light of the illustrative draft clause at paragraph 11 of Appendix 2.

385. UK Ministers are already able to ensure that the UK Parliament is kept fully informed of all relevant developments, including adverse judgments in both the domestic courts and in the ECtHR. In fact the UK Government publishes an annual report (submitted to the JCHR) which details the UK Government's response to human rights judgments^[75].

386. Ministers are also in a position to invite Parliament to debate any matter which they regard as raising matters of concern.

387. In Scotland, the Scottish Ministers are similarly in a position to ensure that the Scottish Parliament is kept properly informed of judgments which are of particular significance. Moreover, the Scottish Government has full confidence in the ability of the Scottish courts to interpret and apply the Convention rights in a manner which responds appropriately to developments in the jurisprudence of the ECtHR.

388. These existing arrangements deliver a system which has sufficient flexibility to allow the Scottish Ministers, the Scottish Parliament, and the Scottish courts to address (as appropriate) any issues which may arise as a consequence of an adverse Strasbourg judgment. The proposed new statutory requirement adds nothing of value to these arrangements and is unnecessary.

389. The Scottish Government does however remain committed to working with UK Government counterparts, including via the UK Mission in Strasbourg, to ensure that developments affecting devolved interests are appropriately monitored, assessed and acted upon.

390. Whilst the Scottish Government does not see a need for proposals of the kind set out in the consultation paper, it does consider that action should be taken to properly reflect devolved interests in connection with the ratification by the UK of new international obligations.

391. In particular, in situations where devolved competence is engaged by any new international treaty which the UK Government proposes to ratify, the Scottish Parliament should be accorded the same recognition and respect as is given to the UK Parliament under Part 2 of the Constitutional Reform and Governance Act 2010^[76].

392. In terms of parliamentary procedure it should be the case that any treaty which would give rise to obligations in a devolved area is laid before the Scottish Parliament prior to ratification so that the Parliament has an opportunity to consider the effect of the treaty and to determine whether, in its view, the treaty should be ratified.