Wallace consults on human rights

Jim Wallace is a keen supporter of human rights

Scottish Justice Minister, Jim Wallace, has called for human rights to be "woven into the fabric of public life".

Mr Wallace was speaking as he announced the publication in the autumn of a consultation paper which could lead to the creation of a Human Rights Commission in Scotland.

He said the introduction of European human rights legislation into Scots law had already had a significant impact.

But the minister said he wanted to see a full debate on whether or not a commission should be established by the Scottish Parliament.

"It is important that we seriously and properly address the issue of human rights.

Election pledge

"I want to see human rights woven into the fabric of public life."

"Such commissions already exist in other countries with legal and political traditions not dissimilar to our own, including New Zealand, Australia and Canada.

"Nearer to home, a Human Rights Commission has been established in Northern Ireland and just last week enabling legislation came into force in the Republic of Ireland so that a Commission can be established there."

Human rights legislation is already enshrined in Scots law

A human rights commission has been a long standing Liberal Democrat election pledge and Mr Wallace has been a vocal supporter.

His task has been to convince Labour colleagues in the coalition administration that the commission would be viable.

The introduction of European human rights legislation into the Scottish legal process has already had far-reaching repercussions.

The Human Rights Act has seen the demise of temporary sheriffs and challenges to temporary judges, children's hearings and a variety of laws such as breach of the peace and some types of drink-driving offences.

Detention challenge

Psychopath Noel Ruddle, who shot his neighbour with a semi-automatic rifle, was released from the state hospital at Carstairs after using the legislation to challenge his detention.

Mr Wallace conceded that the Scottish Executive had suffered setbacks as a result of the act.

He said: "I don't think that anyone would deny that over the past 12 months the issue of human rights hasn't been a very important one.

"But I think it's important to get in perspective. There have been 600 challenges to the Crown and only 16 have actually succeeded and most of these were because of delays in proceeding.

"So it's not quite as dramatic as the headlines would suggest."