Scottish Human Rights Law Group

Andrew Whitaker
Scotsman, July 29, 2010 (Online edition)
CBI Scotland has warned that proposals made in a Scottish Government consultation, to extend Freedom of Information (FOI) laws and allow anyone the right to view information on bodies including councils, hospitals and prisons, would dissuade private sector firms from investing in public services. The proposals would mean that contractors building schools, hospitals and …

The court declared unlawful a Home Office policy which allowed the removal, without providing the standard 72 hours’ notice, of certain categories of individual who had made unsuccessful claims to enter or remain in the United Kingdom since it did not adequately safeguard the right of proper access to legal advice and to the courts.
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Where a non-derogating control order made pursuant to the Prevention of Terrorism Act 2005 was legally flawed it attracted the usual consequence of a legally flawed administrative act, which was quashing ab initio. The secretary of state had acted unlawfully in moving towards the making of a number of non-derogated control orders when, in order to justify them, he needed …

A challenge under Article 8 of the ECHR was made to the telephone systems in Scottish prisons.  This system provides “that any call made from a prisoner telephone be preceded by a recorded message which advises the recipient that the call is coming from a Scottish prison”
Lord Matthews in the Outer House held that the system was proportionate.

Submission contributed by Maria Clarke
The ECHR ruled unanimously that the UK regime governing secret surveillance of individuals did not interfere with the Applicant’s private life as guaranteed by Art 8 of the ECHR.  It was determined that the interference with private life which the surveillance measures entail, was legitimate having as its aim the protection of national security and …