Future framework for human rights in Scotland

The Conservative manifesto included a commitment to repeal the Human Rights Act 1998 and introduce a British Bill of Rights. The 2015 Queen’s Speech stated that the Government would bring forward proposals to reform the Human Rights Act 1998. The Human Rights Act 1998 enables courts in the United Kingdom to apply and give legal effect to the rights in the European Convention of Human Rights to which the UK has acceded.

In Scotland, human rights are also protected through the Scotland Act 1998. The Act states that the Scottish Parliament cannot legislate contrary to Convention rights, and that the Scottish Executive cannot act contrary to Convention rights. The Scottish Government has stated that the implementation of the Conservative Government’s plans would require a legislative consent motion from the Scottish Parliament. This debate pack provides information on the devolution dimension to reforming the human rights framework in Scotland.

The Commons Library briefing paper A British Bill of Rights? contains a section on the devolved settlement.