There has been much discussion here and there on the subject of Liberty's claim that introducing a new Bill of Rights to the UK would be constitutionally awkward.

As the Scotland Act and the Good Friday agreement both have the Human Rights Act 1998 "hard-wired" into them, then introducing a new standard, whether to supplement (Labour) or replace (Conservative) the HRA, would not override the devolved standards.

As the excellent Aidan O'Neill QC points out: "All major claims against the Scottish government for human rights violations have been brought on the basis of the Scotland Act since before the Human Rights Act came into force. Abolishing the Act in Britain would not stop it being used in Scotland."

The Equality and Human Rights Commission warns of the "bizarre situation where there was different set of rights in devolved matters and non-devolved matters, and people in England would have fewer rights than people in the devolved jurisdictions."

It occurs to me that if Westminster were to repeal the Human Rights Act 1998, it would be straightforward enough to amend the Bill of Rights (or whatever you'd call it) to refer to that legislation rather than the HRA. That's legally no problem at all even without the consent of Holyrood, though I accept that politically such a unilateral act may provoke some measure of controversy.

Furthermore - there are very many situations in life in which the rights in Scotland are different to those in England and Wales. That's part of grown-up devolution / federalism - not "bizarre" at all.

Fiona Murphy of the Committee on the Administration of Justice is quoted as saying "There is a huge backlash against a bill of rights in Scotland." Really? I can't say I'd noticed. Although Kenny MacAskill did take a pop at the Magna Carter for being too English.

It also seems to me that most people don't have a problem with the rights themselves, just with some of the things that some sections of the popular media reprt under the heading of human rights. And with the fact that bad people (or people we're pretty sure are bad) get to have rights as well.

Perhaps the new Bill of Rights will only apply to nice people (and their pets) and then everyone will be happy. Except bad people. Who have no right to be happy anyway.

The logo used in this post is that of the United Nations Human Rights Council.

Labels: Human Rights, News

A new campaign to promote Consumer Focus Scotland's series of specialist consumer guides has been launched. The guides provide detailed information and advice on a range of issues important to consumers in Scotland, and include my very own "A-Z of Scots Education Law" now in its 3rd edition and available in all good bookshops at the bargain price of £6.99!

The promotion involves contacting key organisations and individuals and undertaking targeted advertising to raise awareness of the guides, what they offer to consumers and how they can be accessed.

Labels: Education Law

That august publication, the Lennox Herald, reports that the High Court will, as of 22nd February 2010 sit in Dumbarton for the first time.

The Scottish Court Service confirms that Dumbarton has been added to the High Court circuit for the West of Scotland for 2010. The plan is for the High Court to visit Dumbarton five times this year but this will "depend on demand".

Of course, as an anonymous advocate once told a colleague of mine, there's just one problem with hearing cases in Dumbarton - it's a sh**hole!

It does remind me of a joke I told at least once a day during my second year at law school, while commuting between Helensburgh and Glasgow. Have you ever seen Dumbarton Rock? No, but I've seen Auchenshuggle!

Labels: criminal law, News, Scottish Court Service

According to the BBC News website, East Renfrewshire Council have decided not to appeal against Lord Uist's recent decision which ruled their admissions policy to St. Ninian's (and as a result their consultation exercise to alter the school's catchment area) unlawful.

... because they would obviously lose.

Labels: Education Law, Glasgow, News

Absolvitor is shocked, suprised and saddened to read of "bunfights", "skulduggery" and "ambition, jealousy and outrage" at the Supreme Court - all over who would be the new Justice at the country's highest court.

According to Frances Gibb at The Times (and picked up by Charon QC) all is not as it seems in the appointment of the Supreme Court's No. 12. Specifically - the circumstances in which Jonathan "brain the size of a planet" Sumption QC was first of all seen as a shoo-in for the job and, then ... not so much.

In the words of Steve H, posting a comment on Gibb's article online: "Let us have excellence at the top, not rewards for time serving at the upper staff college level."

Labels: Blawgs, UK Supreme Court

Just a brief note to say thanks very much to Professor Lorne Crerar and Rod McKenzie, both of Harper Macleod who, together with Bill Dunlop (another Scot) formed the independent ERC appeal committee which downgraded Lee Byrne's two match ban to a 5,000 Euro fine - leaving him free to face England on Saturday.

If I'd known Lee Byrne was in Glasgow today, I'd have offered my services to assist. I don't known anything about sports law, but I do make a nice cup of tea, and Lee used to play his rugby in Bridgend, same as cousin Gareth - so we'd have had stuff to talk about too!

Bring it on!

Labels: Glasgow, News, Sports Law

According to UPI, a Scottish teen who threatened his granny's parrot was ordered by an Edinburgh Sheriff to buy her some chocolates by way of apology.

Stefan McKinsley, 19, pled guilty to breach of the peace on Monday 1 February 2010. His gran had called police in the early hours of Saturday morning with a complaint that her grandson was drunk and was hitting the parrot's cage.

The teen threatened the bird with violence if it did not quiet down and allow him to sleep, and was not placated even after his grandmother placed a cloth over the parrot's cage.

The precise wording of the apology is not recorded, but perhaps it went something like this?

If you don't stop squawkin' you'll be no more! You will cease to be! You'll expire and go to meet your maker! You'll be a stiff! Bereft of life, restin' in peace! You'll be pushing up the daisies! your metabolic processes will be 'istory! You'll be off the twig! You'll kick the bucket, you'll shuffle off your mortal coil, run down the curtain and join the bleedin' choir invisibile!! YOU WILL BE AN EX-PARROT!!

Labels: criminal law, Edinburgh, Just for Fun, News