Scottish Commission for Human Rights
Following a consultation exercise, the Scottish Executive announced on 10 December 2001 that it would establish an independent and statutory Scottish Human Rights Commission. The 2003 Partnership agreement confirmed the intention to legislate to establish such a Commission.
Scottish Commissioner for Human Rights Bill
A Scottish Commissioner for Human Rights Bill was introduced to the Scottish Parliament on 7 October 2005. The Bill and its supporting documents can be found on the Scottish Parliament's web site.
A number of amendments to the Bill were made at stages 2 and 3 of the parliamentary process, including changing the body from a "Commissioner" to a "Commission". On 2 November 2006 the Scottish Parliament passed the amended Bill. The Bill will become an Act once it has received Royal Assent, which is expected in mid-December 2006.
The timetable for establishing the Commission will be for the Scottish Parliament to decide.
Purpose
The Scottish Executive believes that this new body will be a key means of ensuring that human rights are protected in Scotland through helping to develop a 'culture' of human rights. By promoting human rights, the Commission will work to ensure that you are more aware of your rights in the future and that you understand how they apply to you and to your family.
Strengthening support for human rights through the establishment of a Scottish Commission for Human Rights will be an important contribution to a modern Scotland that embraces and celebrates many different cultures. Scotland can also take its place alongside many other countries worldwide who have established successful and respected Human Rights Commissions. The Executive's proposals recognise that a successful Commission for Human Rights will have to be open and accessible to the people of Scotland.
Duties, functions and powers
The general duty of the Commission will be to promote human rights and, in particular, to encourage best practice in relation to human rights among public authorities.
The functions of the Commission will include:
- publishing information about human rights;
- providing advice and guidance;
- conducting research;
- providing education or training;
- monitoring and recommending changes to the law;
- monitoring and recommending changes to the policies and practices of public authorities.
The Commission will have powers:
- to conduct inquiries into Scottish public authorities in connection with general human rights matters;
- to compel members of public authorities to give evidence or produce documents in relation to an inquiry;
- to enter places of detention in connection with an inquiry;
- to apply to intervene in civil cases in the Scottish courts, and to intervene in any other court or tribunal where the rules of that court or tribunal allow.
Accountability
In keeping with the UN Paris Principles relating to the status of national human rights institutions, the Commission will be independent from government and accountable to the Scottish Parliament instead. The Chair of the Commission will be appointed by Her Majesty on the nomination of the Scottish Parliament, and the other members will be appointed directly by the Parliament. Parliament will have the power to remove members of the Commission from office.
The Commission will be required to consult on and publish a strategic plan every four-year period and to publish annual reports. The Commission's annual budget will be subject to approval by the Scottish Parliament, and its annual accounts will be scrutinised by the Scottish Parliament and the Auditor General.
Relationship with the GB Commission for Equality and Human Rights (CEHR)
Provisions to create a GB-wide Commission for Equality and Human Rights (CEHR) are included in the Equality Act that received Royal Assent on 16 February 2006. The CEHR is to deal with reserved human rights matters while the Scottish Commission will deal with devolved matters. The CEHR will also assume the functions of the existing statutory equality commissions, which are reserved. The UK Government has announced that the CEHR will have a Scottish headquarters in Glasgow.
The Scottish Executive has been closely involved with UK Government departments in development of the CEHR proposals, with the aim of ensuring that the division of responsibilities between the SCHR and the GB Commission is clearly defined and that there will be appropriate arrangements for co-operation between the two bodies on matters of mutual interest. In particular, the two Commissions are expected to enter into a memorandum of understanding understanding setting out their respective roles, to be supported by close ongoing co-operation. The Executive and the UK Government will be closely involved in the drafting of that memorandum.
The CEHR is expected to assume its human rights powers in October 2007. Further information on the CEHR can be found on its website.