Scottish Human Rights Bill proposal laudable but complex, say solicitors

Plans for a Bill that would enshrine international human rights standards in Scots law have been described as “laudable” but “complex” by the legal profession.

In its submission to the Scottish Government’s consultation on the Scottish Human Rights Bill, the Law Society of Scotland questions how the Bill would interact with existing UK legislation like the Human Rights Act.

The consultation closed last week.

The Bill, if passed, will enshrine international economic, social and cultural rights in Scots law “within the limits of devolved competence”, First Minister Humza Yousaf said in his Programme for Government speech last month.

In its 38-page submission, the group – which represents Scottish solicitors – said: “Whilst we consider the plan to be highly laudable, we note the complexity of the proposals; potential legal issues in relation to international human rights and the existing national rights arrangements across UK and Scottish law; the need to be able to enforce those rights quickly and economically; and the issue of the resources required for proper implementation by public authorities.”

The society also said the current proposals do not include enough detail on how rights will be enforced, how much implementation will cost, how the new legal rights will interact with existing ones, and the impact incorporation will have.

The submission continued: “The Government must make clear why the Bill is necessary and how it will comply with the rule of law requirement for reasonable certainty in any rule with a sanction.”

In a statement, Law Society president Sheila Webster said: “Of key concern for us is how a Scottish Human Rights Bill will co-exist with existing legislation such as the Human Rights Act, how the rights will be enforced and what access people living in Scotland will have to these new rights in practice.”

A Scottish Government spokesperson said: “Our proposed Human Rights Bill will give effect to a wide range of internationally recognised human rights belonging to everyone in Scotland, within the limits of devolved competence.

“Incorporating four different international treaties into Scots law is a complex and technical endeavour, and we want to ensure that the Bill will create a genuine step change towards building an enhanced human rights culture in Scotland.

“That is why we have been consulting on our ambitious proposals and seeking views on how we best create a clear and accessible human rights framework which makes a real difference to the people of Scotland.

“Following close of our 16-week public consultation we will reflect on what we have heard and continue to engage closely with a range of voices – including the Law Society of Scotland – to develop a Bill that will put the principles and standards of human rights at the heart of public service delivery.”