APPENDIX 4
Letter to Dr Lynda Clark, MP, from The Rt Hon The Lord
Irvine of Lairg, QC
When I appeared before the Public Administration Committee
on 3 March I undertook to write to you on the question of whether
or not it would be open to the Scottish Parliament, after devolution,
to amend the Human Rights Bill so as to provide different remedies
in Scotland from those which will apply throughout the UK under
the Bill.
Clause 28(2)(d) of the Scotland Bill provides that an Act
of the Scottish Parliament will be ultra vires so far as
any provision of it is incompatible with any of the Convention
rights. Similarly it will be beyond the competence of the Scottish
Executive to make subordinate legislation or to exercise any function
which is incompatible with any of the Convention rights. The Convention
rights are defined in Clause 111 of the Scotland Bill as having
the same meaning as in the Human Rights Bill. If the Scottish
Courts find that the Scottish Parliament or the Executive have
exercised their powers in a way which is inconsistent with the
convention they will be able to strike down the relevant legislation
or executive action. The Scottish Parliament will not be able
to change this system because it is established in the Scotland
Bill.
I should add that we are giving further consideration to
the provisions in the Scotland Bill and in the Human Rights Bill
in order to ensure that the approach in the two Bills to human
rights is wholly compatible. If any amendments are required they
will be brought forward as soon as possible.
Finally, under clause 8, of the Human Rights Bill, which
deals with judicial remedies for unlawful acts of public authorities,
it will be possible for different remedies to be available in
Scotland from those which are available in England to the extent
that they are available under law at the moment.
I hope that I have correctly understood your question. If
not, please let me know. I am sending a copy of this letter to
the Chairman of the Committee, Rhodri Morgan.
11 March 1998
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