UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response

13. Freedom of Expression and Assembly

A) Right to Protest

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

N/A

Recent Progress and Next Steps

The Scottish Government is committed to giving full effect to the rights of freedom of association and freedom of assembly set out in the European Convention on Human Rights (“ECHR”). Legislation passed by the Scottish Parliament is not law if it is incompatible with the Convention rights defined in the Human Rights Act 1998.

The Public Order Bill was introduced to the UK Parliament on 11 May 2022 and makes provision for new offences relating to public order, including provisions about stop and search powers; creating new offences in relation to protests; and introducing Serious Disruption Prevention Orders. The Bill received Royal Assent on 2 May 2023.

The provisions relating to policing of protests within the Public Order Act 2023^[248] build on the public order provisions that were introduced as part of the Police, Crime, Sentencing and Courts Act 2022, and came into effect for England and Wales on 28 June 2022.

As Justice is devolved to Scotland, most of the provisions contained in these Acts – including new offences relating to protests - apply to England and Wales only and do not apply in Scotland. The Scottish Government declined an offer from UK Ministers to extend the new powers to Scotland.

The provisions seek to ensure that the British Transport Police (“BTP”) in Scotland are able to exercise a number of the existing powers in the 1986 Public Order Act^[249] to manage public assemblies and processions. As the BTP only operates in a railway context in Scotland, this would only apply to railway facilities, including the Glasgow subway.

These powers are currently already available to Police Scotland and the powers themselves are not being strengthened or amended in any other way. The purpose of this amendment is to address an anomaly whereby territorial police forces, including Police Scotland, can use these existing powers on the railway, but BTP, who are responsible for policing the railway, are not currently able to do so.

Scotland has a proud tradition of activism and of peaceful protest. The right to public assembly is an important human right that the Scottish Government is committed to uphold. The Scottish Government has no current plans to amend the legislation relating to the policing of protests in Scotland. Police Scotland has powers available under the Public Order Act 1986 to deal with any disorder arising at protests and to ensure that public safety and order is maintained. The Scottish Government fully support Police Scotland to apply these powers as needed and to work with local authorities and local communities in a constructive and collective way.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

B) Media Freedom

Recommendation(s) and Responses

Relevant section(s) of the October 2022 UPR Position Statement

• 14(E) – Freedom of the Press

Recent Progress and Next Steps

The Scottish Government is committed to a free and independent press and recognises the vital role of the press and local news publications in holding public institutions to account. We therefore support implementation of the UN Action Plan for the Safety of Journalists,^[250] together with the UK’s own national action plan.^[251]

The Scottish Government is also committed to ensuring the sustainability of the public interest journalism sector. We responded to recommendations from the Public Interest Journalism Working Group in June 2022 and are supportive of the work of a steering group, set up as a result of those recommendations and independent of Government, towards supporting the sector and establishing a Public Interest Journalism Institute with a remit to include: research; grant-making; training, advice and support, diversity and media literacy.

We remain committed to ensuring that the practices which led to the Leveson Inquiry do not happen again, and we believe that all individuals should have the ability to seek redress when they feel they have been the victim of press malpractice.

The Scottish Government believes that the regulation of the press should be independent from Government, and wants independent self-regulation of the press to be maintained. The Royal Charter on Independent Self-Regulation of the Press was agreed by the Scottish and UK Governments in 2013. As regulation of the press is devolved, section 40 of the Crime and Courts Act 2013, which incentivises members of the press to sign up to a State-approved regulator, does not apply under Scots law. The Scottish Government has no plans to introduce statutory measures to incentivise participation in the regulatory system as we believe it poses a potential threat to freedom of the press.

The right to freedom of expression is legally protected in the UK by the Human Rights Act 1998, and safeguards also exist under the Scotland Act 1998. It is unlawful for public authorities to act in ways that are incompatible with that right.

Relevant National Outcomes

• We respect, protect and fulfil human rights and live free from discrimination.
• We are open, connected and make a positive contribution internationally.

Relevant Sustainable Development Goals

• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.