Following the news that their Lordships* of the Supreme Court of the United Kingdom have ruled†, giving access for lawyers to those being questioned by the police in Scotland, I am wondering how long it will take for Scottish Tory, David McLetchie MSP, and his ilk to start lobbying for the repeal of the ECHR from the Scotland Act 1998.

Up until now, under Scots Law the police could question for up to six hours without a lawyer being present. The ruling now means that the Scottish Executive / Scottish Government (if you’re Alex Salmond!) must bring forward legislation to bring Scotland into line with the European Convention on Human Rights. The status quo cannot remain, as their Lordships said:

There is no room for a decision that favours status quo simply on the grounds of expediency.

However, the Liberal Democrat ministers in Her Majesty’s Government in the United Kingdom will have to be on the look out for motions in the Commons and the Lords for the repeal of the ECHR from the Scotland Act 1998. Apparently, the Scottish Tories want to do this.

“ECHR’s incorporation into the Scotland Act in 1998 was an error of judgment”

David McLetchie MSP

How many more like him will be lobbying the Coalition Government south of the border. What I say to the Lib Dem ministers is:

You’ve betrayed the beliefs of our Party‡ enough, don’t even think about it on this one!

* Okay, so I am a traditionalist on occasion, still coming to terms with the existence of the Supreme Court outside the House of Lords…
† Supreme Court press summary can be read here, and full judgment here.
‡ “Our responsibility for justice and liberty cannot be confined by national boundaries” from the Preamble to the Federal Constitution of the Liberal Democrats

Other views

Scottish Tories “for nothing if you don’t have freedom”*

from Stephen’s Liberal Journal

A change that gives suspects access to a lawyer

The Herald