How would a repeal of the Human Rights Act affect Scotland? Lords questions Scottish Minister
On Tuesday 17 November, the House of Lords EU Justice Sub-Committee will speak to Marco Biagi MSP, Minister for Local Government and Community Empowerment from the Scottish Government, as part of its ongoing inquiry into the impact on EU law of a UK decision to repeal the Human Rights Act.
The Committee is investigating the consequences of the Government's proposal to repeal the Human Rights Act (HRA) and replace it with a "British Bill of Rights", and the Act applies as much to public authorities and courts in Scotland as in England and Wales.
In addition, the Scotland Act enshrines a number of human rights protections. It is also subject to the Sewel Convention, the agreement that Westminster will only act on Scottish matters with the consent of the Scottish Parliament. It is most often used as a harmonising measure, and has been used to introduce UK-wide legislation in areas such as civil partnerships, children and tobacco advertising.
The Committee will explore a number of areas with the Minister, including:
- the extent to which the protection of human rights in Scotland differs to that of England and Wales;
- whether the Scottish Parliament would need to consent to repeal the Human Rights Act under the Sewel Convention and, if so, why;
- whether the Scottish Parliament would have the competence to legislate for any gaps in human rights protection that may be caused by repealing the HRA; and
- whether there would be increased reliance on the EU Charter in Scottish courts if the HRA were to be repealed.
The evidence session will take place on Tuesday 17 November, at 11am in Committee Room 3 of the House of Lords.
