Scots' human rights gap fear

Commissioner position essential, say equality campaigners

News, 27 September 2006

Equality campaigners are warning that human rights protections in Scotland will not measure up to those in the rest of the UK unless proposed legislation is amended.

The position of Scottish Human Rights Commissioner may not come about, following criticism by Holyrood's Finance Committee over the cost of existing commissioners and their lack of accountability.

Des McNulty, the Labour convener of the finance committee, has tabled an amendment to the legislation proposing that human rights be the responsibility of the Scottish Public Services Ombudsman.

The position is to be debated by the Justice 1 Committee today. Last week the committee rejected an Executive amendment designed to establish a Commission rather than a single commissioner.

Ali Jarvis, the head of the Commission for Racial Equality in Scotland, said the new position was essential for safeguarding the human rights of those living in Scotland, and the proposed powers should be strengthened to bring the country into line with the rest of the UK.

A new British Commissioner on Equality and Human Rights will be able to order judicial review proceedings to ensure compliance with human rights, conduct inquiries into public bodies and promote and safeguard human rights. Under current proposals that commissioner will have stronger powers in Scotland in relation to non-devolved matters than the Scottish commissioner would have covering devolved areas.

Pauline McNeill, convener of the Justice 1 Committee, said she did not acccept that there would be less protection for human rights in Scotland.