It’s Human Rights Day today. Earlier this week, Jim Wallace spoke to the Legal Services Agency Conference about protecting our rights. He remembered that he had found himself on the wrong end of a Human Rights Act judgement. His attitude was much better than Alex Salmond’s was when the SNP were found wanting 12 years later. At that point, he referred to people bringing actions under the Act as among “the vilest people on the planet.”
For my part, I spent decades as a Liberal and Liberal Democrat candidate and MP, supporting campaigns to incorporate the European Convention on Human Rights into our domestic law. “Bringing Rights Home” was our call; and so I understandably welcomed the passing of the Human Rights Act 1998. What never occurred to me during all the years of campaigning was that I would be the first government minister in the UK to be on wrong end of a decision under that Act. Yet on 11th of November 1999 that’s exactly what happened.
On that day, the Court ruled, in Starr & Chalmers v Ruxton that Temporary Sheriffs were unable to provide an independent and impartial tribunal and, as a result, as Justice Minister, I was forced to suspend every temporary Sheriff overnight.
Let’s not pretend. At the time,I would much rather that the case had been won. Losing put significant pressure on resources and made, for a time, the operation of our sheriff courts more difficult.