Question reference: S1W-00781
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
- Date lodged: 4 August 1999
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Current status: Answered by Jim Wallace on 18 August 1999
Question
To ask the Scottish Executive whether any amendments to current legislation arising from the terms of the European Convention on Human Rights can have retrospective effect to permit the continued detention of patients currently in Carstairs State Hospital who may otherwise be released.
Answer
As I have made clear, we are urgently considering the law in relation to the detention of restricted patients in the light of the judgement in the Noel Ruddle case. In order to be within the power of the Scottish Parliament to legislate, any amendments, including any which would permit the continued detention of patients in the State Hospital, would have to be consistent with the European Convention on Human Rights.