Law Society criticises lack of consultation on proposed time bar for human rights claims
The Law Society of Scotland has expressed serious concerns about the lack of consultation on a Bill set to introduce a one-year time bar for claims against Scottish Ministers for breaches of human rights in a letter sent to all MSPs today, Wednesday, 17 June.
The letter also suggests amendments to the Bill including one which would ensure that the time limit starts from the date in which the victim becomes aware of the alleged breach rather than the date of the breach itself.
The Convention Rights Proceedings (Amendment) (Scotland) Bill was introduced in Parliament on Monday 15 June and, under the Parliament’s emergency procedure, will be debated at all three stages on Thursday, 18 June, with the intention that it will be passed that day.
The introduction of a one-year time bar would enable Scottish Ministers to draw a line under their liability in relation to claims made for “slopping out” after the case of Somerville v Scottish Ministers. Once passed, the Bill would achieve consistency between the time bar for devolution issues under the Scotland Act and the time bar period under the Human Rights Act 1998.
The Society appreciates the Scottish Government’s desire to legislate as quickly as possible but has stated that the lack of consultation and the employment of the Parliament’s emergency procedure limit the opportunity to consider the full impact of the Bill.
Michael Clancy, Director of Law Reform said: “This is an important measure which will have the effect of limiting the capacity of those who may have had their human rights infringed by Scottish Ministers, from taking appropriate action to vindicate their human rights.
“While the Society agrees with the general proposition that there should be consistency between the time bar under the Scotland Act and the Human Rights Act, the point in which the time bar period starts to run from is an issue which requires considerable debate. The procedure adopted for this Bill is very limited for proper consideration of such an issue.”
A full copy of the letter can be found in the law reform section of the website.
ENDS 17 June 2009
FOR FURTHER INFORMATION: Please contact the corporate communications office on 0131 476 8115/8153 or 0131 226 8884. For the out of hours service please call 0131 226 7411.
