All public
authorities, including central and local government, need
to prepare for the implementation of the Scotland Act and
the Human Rights Act. You should always obtain legal
advice at an early stage if you are in any doubt as to
the compatibility of what you are doing with Convention
rights. Good practice will include:
- reviewing your
current practices and procedures to identify any
which may not comply with Convention rights;
- taking account of
Convention rights and the Act in developing
future policy and legislation, whether primary or
secondary. Where necessary, reviewing existing
legislation for compatibility with Convention
rights;
- identifying public
authorities for which you are responsible or with
which your Department has close links and drawing
their attention to their obligations under the
Human Rights Act;
- being aware of the
findings of the Strasbourg Court and domestic
courts and developments in your field in the rest
of Europe as well as the United Kingdom. Does
current policy still adequately meet the
requirements of a fair balance between the
individual and society? If any restrictions are
placed on the exercise of Convention rights, are
they still relevant and justifiable?
- maintaining contact
with your legal advisers, seeking their advice on
any procedural or policy changes, and consulting
them when you have any doubts.
|
