Oral Answers to Questions — European Convention on Human Rights

– in the House of Commons at 12:00 am on 3 April 2001.

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Photo of Anne McIntosh Anne McIntosh Conservative, Vale of York 12:00, 3 April 2001

What recent advice she has given on the implications of the European convention on human rights; and if she will make a statement. [155196]

Photo of Dr Lynda Clark Dr Lynda Clark Advocate General for Scotland, Department for Constitutional Affairs, Advocate General for Scotland

When requested, I give advice as a UK Law Officer on various matters, which include issues related which include issues related to the human rights convention.

Photo of Anne McIntosh Anne McIntosh Conservative, Vale of York

The hon. and learned Lady will recall the advice that she gave on a recent road traffic case involving the right to remain silent under the Human Rights Act 1998. Does she share my concern that whereas road traffic cases were previously dealt with uniformly under Scots and English law, there may now be a difference of interpretation across the border?

The Advocate-General:

I appreciate the hon. Lady's interest in the matter, but I am not sure that I agree with her. The whole point of taking a matter to the Privy Council is to have it determined by the highest court. Regard will be given to the Privy Council's rulings in English courts as well as those in Scotland.