Lord Advocate: convention rights and community law
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Detail of outcome
Responses received to the consultation on the draft clauses to implement the Expert Group’s report on devolution issues and acts of the Lord Advocate.
Original consultation
Consultation description
The Advocate General welcomes the support in principle of the Scottish Parliament’s Scotland Bill Committee for the proposal to remove acts of the Lord Advocate in relation to prosecutions that are alleged to be incompatible with convention rights and community law from the devolution issues procedure under the Scotland Act, and its recognition of the role of the Supreme Court.
In line with its recommendations, he has agreed to conduct further work on the proposals and is now seeking comments on draft clauses for inclusion in the Scotland Bill currently before Parliament that have been prepared to implement the conclusions of the Expert Group previously appointed by him to consider this issue. These draft clauses have already been discussed with the Scottish Government and the Scotland Bill Committee.