Scottish Tories not in favour of Human Rights

With the news that the Supreme Court of the United Kingdom is

to rule on the case of Peter Cadder, a teenager charged with assault and breach of the peace, who was convicted on the basis of evidence gained before he spoke to his lawyer.

from BBC News

"ECHR's incorporation into the Scotland Act in 1998 was an error of judgment" - David McLetchie MSP

it is clear that the Scottish Conservatives are not in favour of the continued incorporation of the European Convention on Human Rights in Scots Law.

The Scottish Tories MSP for Edinburgh Pentlands, David McLetchie, told BBC News,

This issue is now coming to a head.

If the Supreme Court decides in favour of Cadder and the decision is

retrospective, then the Scottish Conservatives stand ready to work with the rest of parliament to limit the damage.

As we saw with the slopping-out fiasco, ECHR can often serve the interests of the criminal, rather than the law-abiding majority.

Its incorporation into the Scotland Act in 1998 was an error of judgment which, 12 years on, needs to be reviewed.

What Mr McLetchie seems not to figure into his reckoning is the possibility of people being questioned that are not guilty of any crime, but are being questioned by the constabulary.

Whilst I am happy for the differing legal jurisdictions within the United Kingdom to continue, it is clear that the fundamental rights that all European citizens have should be extended to all being questioned in Scotland as well as in Northern Ireland, England, and Wales (and of course Cornwall and the Borough of Berwick upon Tweed).

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