Leading QC backs human rights law

The convention is already being applied in Scotland

The European Convention on Human Rights which has wreaked havoc with Scottish law will benefit Britons in the long run, says one of the UK's leading QCs.

Advocate General, Lynda Clarke, told an audience in Dundee that the legislation will mean swifter justice and cut court costs.

Her promise comes in the wake of a number of controversial decisions which has already served to shake-up the Scotland's legal establishment.

Individuals will be able to argue for their rights and remedies under the convention in any court or tribunal across the country

Lynda Clarke QC

The convention was applied to court cases north of the border when devolution became a reality last May.

It effect was first felt in November when 130 temporary sheriffs were dismissed when three High Court judges ruled that under the Euro-ruling, people appearing before temporary sheriffs could not be guaranteed an independent and impartial tribunal.

And it is now feared that thousands of motoring offences could be thrown out following a Scottish test case which found that legislation which forces the owner of a car to reveal who was driving was a breach of the right to silence.

Practical consequences

However Dr Clark QC, who sits in the Westminster Cabinet, said the convention - due to become part of UK law later this year - would cut out time and expense for those seeking to challenge violations of their human rights.

Dr Clark said: "The failure to incorporate the convention into domestic law resulted in the UK being found to be in violation of the convention by the European Court on more occasions than any other country except Italy.

"More than half these violations have been since 1990. Non-incorporation of the Convention has had very practical consequences.

"It took an individual a long period of time to enforce their rights and was prohibitively expensive.

Less delay

"On average it takes five years to get an action into the Strasbourg court and costs £30,000.

"Incorporation of the convention into UK law means that human rights can be pursued in our domestic courts without this inordinate delay and expense.

"Individuals will be able to argue for their rights and remedies under the convention in any court or tribunal across the country.

"Obviously the protection of the individual is plainly more effective if the substantive rights guaranteed by the convention are enforceable by national courts and tribunals.

"The incorporation of the convention into UK law will lead to the evolution of a human rights culture which will generate the tolerance and respect for the individuality of others that is the benchmark of an advanced, sophisticated, democratic society."