Human Rights Bill pushed back until after election, Scottish Government confirms

The Scottish Government has confirmed it will not take forward its planned Human Rights Bill until after the next Holyrood election, saying more time is needed to consider the “complex” legislation.

The Bill was not contained in the Programme for Government set out by John Swinney on Wednesday – leading to disappointment from the Scottish Human Rights Commission, a statutory body.

Social Justice Secretary Shirley-Anne Somerville says she will continue to work on the Bill, including holding discussions with the UK Government.

However, she said it would not be possible to introduce the Bill in the current parliamentary session, as the Scottish Government must consider its proposals further.

The Bill, announced by previous First Minister Humza Yousaf, aims to enshrine international economic, social and cultural rights into Scots law “within the limits of devolved competence”.

In a consultation response, the Law Society said the Bill’s goals were “laudable” but its implementation would be “complex”.

Writing to Holyrood’s Human Rights Committee, Ms Somerville said: “After careful reflection, we have decided to undertake additional work to develop the Human Rights Bill.

“I want to assure you of the Government’s determination to use the remainder of this parliamentary session to further develop and strengthen the Human Rights Bill with the intention of taking forward such a Bill in the next parliamentary session.

“This decision has not been taken lightly, and reflects detailed deliberation on what is undoubtedly a complex and far-ranging piece of legislation.”

On Wednesday evening, the Scottish Human Rights Commissions said it was “deeply disappointed” the Bill was missing from the programme for Government.

Chairwoman Professor Angela O’Hagan said: “The proposed Human Rights Bill would have provided a framework for a fairer Scotland, strengthening a human rights-based approach to local and national policy making in law.

“Abandoning this Bill denies people access to justice to ensure their human rights are fully realised, from a safe home to decent food and good health and social care.

“In a week where the Cabinet Secretary for Finance has already announced deep cuts across public spending, these decisions weaken the commitment to fight poverty and directly impact the most marginalised in Scotland.”