The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

Listen

Scotland makes history at the Hague

04/11/2003

Scotlandhas made history today, signing the Hague Convention for the first time, when theUnited Kingdomtook advantage of the federal states clause to ratify a Convention for one part of its territory.

Deputy Justice Minister Hugh Henry signed on behalf ofScotlandthe instrument of ratification for the Hague Convention on the Protection of Adults.

The Convention will ensure that cases concerning protection of a vulnerable adult are heard in an appropriate jurisdiction. The term vulnerable adults refers to adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests.

Cases will receive speedy recognition and resulting judgements will be enforced across international borders subject to necessary safeguards. It also contains important rules on administrative arrangements between governments to ensure that agencies in different countries responsible for a vulnerable adult communicate with each other.

Hugh Henry said:

"The Scottish Executive is committed to makingScotlanda safer place for everyone, but especially for those who are most vulnerable. More people are choosing to live abroad after retirement, which extends the challenge beyond our own borders. It makes sense that such developments should be dealt with in an internationally consistent way.

"We need clear rules of international law to improve peoples protection if they become mentally incapable of looking after themselves or their affairs. This protection can only be delivered by means of legal regulation and international co-operation. The Convention reflects and applies in a practical way the guiding principles of independence, inclusion, care, self-fulfilment and the dignity of the individual."

This is the first time that the United Kingdom has taken advantage of the so-called federal states clause to ratify a Hague Convention for one part of its territory. Furthermore, theUnited Kingdomis the first state to ratify this Convention.

Scotlandhas been able to ratify the Convention because of provisions contained in the Adults with Incapacity (Scotland) Act 2000.

The Convention has also been signed byFranceand theNetherlandsindicating their intention in principle to ratify in the future, but theUnited Kingdomsratification on behalf ofScotlandis the first. In ratifying a Convention a State agrees to become bound by its contents.

The Convention will come into force three months after the third ratification.

The more recent Hague Conventions have a standard clause allowing States to ratify separately in respect of territorial units with different legal systems. This is often used by certain States such asCanada.