- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Wednesday, 02 September 2015
-
Current Status:
Taken in the Chamber on 9 September 2015
To ask the Scottish Government what its plans are for the social responsibility levy.
Answer
Taken in the Chamber on 9 September 2015
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 27 July 2015
-
Current Status:
Answered by Alex Neil on 18 August 2015
To ask the Scottish Government, further to the answer to question S4W-26200 by Alex Neil on 17 July 2015, whether it accepts that this applies to the rights of prisoners.
Answer
The requirement to act compatibly with the convention rights identified in the Human Rights Act 1998 is relevant to the rights of persons detained in prison.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Thursday, 16 July 2015
-
Current Status:
Answered by John Swinney on 12 August 2015
To ask the Scottish Government, further to the answer to question S4W-26198 by John Swinney on 7 July 2015, whether its current position is based on the constitutional restrictions that apply, a policy opposition to prisoner franchise or both.
Answer
<>I refer the member to the answer to question S4W-26198 on 7 July 2015. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by Alex Neil on 17 July 2015
To ask the Scottish Government whether it (a) accepts and (b) considers itself bound in (i) law and (ii) spirit by the decisions of the European Court of Human Rights.
Answer
As a High Contracting Party to the European Convention on Human Rights, the United Kingdom has undertaken to abide by the final judgment of the court in any case to which it is a party. That obligation is binding in international law.
Within the United Kingdom, the devolved administrations have lead responsibility for observing and implementing relevant treaty obligations, where these relate to devolved matters.
As a matter of domestic law, the Scottish Government, in common with other public authorities, must not act in a manner that is incompatible with the Convention Rights identified in the Human Rights Act 1998. In determining whether any particular action is incompatible, the Scottish Courts are required to take account of the judgments and other decisions of the European Court of Human Rights.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by Alex Neil on 17 July 2015
To ask the Scottish Government whether its (a) support for and (b) commitment to the Human Rights Act 1998 is conditional and, if so, on what.
Answer
I refer the member to motion S4M-11484, of 11 November 2014, moved by Roseanna Cunningham on behalf of the Scottish Government and agreed to by members of four out of five of the political parties represented in this Parliament.
The motion makes clear that the Human Rights Act 1998 provides a successful and effective implementation in domestic law of rights enumerated in the European Convention on Human Rights. As such, it should enjoy the unequivocal backing of all who are committed to upholding human rights, democracy and the rule of law.
That remains the position of the Scottish Government.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by John Swinney on 7 July 2015
To ask the Scottish Government whether its objection to prisoner franchise is compatible with the decisions of the European Court on Human Rights and, if so, on what basis.
Answer
I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by John Swinney on 7 July 2015
To ask the Scottish Government when it became aware of the decisions of the European Court on Human Rights on prisoner franchise.
Answer
I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at:
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by John Swinney on 7 July 2015
To ask the Scottish Government, if it had powers over the franchise under the Representation of the People Act 1983, whether it would comply with the decisions of the European Court of Human Rights on prisoner franchise and what the reasons are for its position on this matter.
Answer
I refer the member to the answer to question S4W-26198 on 7 July 2015 which is available on the Parliament’s website, the search facility for which can be found at:
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Monday, 22 June 2015
-
Current Status:
Answered by John Swinney on 7 July 2015
To ask the Scottish Government whether its objection to prisoner franchise is on the basis of lack of powers or principle and, if principle, whether it is compatible with the decisions of the European Court of Human Rights.
Answer
The Scottish Parliament does not currently have the legislative competence to change the position on prisoner voting. Once the Scotland Bill delivers the Smith recommendation to transfer all powers to the Scottish Parliament in relation to elections to the Scottish Parliament and local government elections in Scotland it will be for this Parliament to consider all of the relevant franchise issues. The Scottish Government has no current proposals to amend the rules on prisoner voting. The Scottish Government has noted relevant decisions of the European Court of Human Rights and becomes aware of such decisions when they are published.
- Asked by: Kenny MacAskill, MSP for Edinburgh Eastern, Scottish National Party
-
Date lodged: Wednesday, 20 May 2015
-
Current Status:
Taken in the Chamber on 27 May 2015
To ask the Scottish Government what plans it has to meet the UK Government to discuss proposed constitutional changes.
Answer
Taken in the Chamber on 27 May 2015