Alex Salmond accused of showing disregard for human rights

The First Minister faces accusations of trying to "de-legitimise" the Supreme Court in the eyes of the Scottish public because he fears it may rule against the SNP over the wording of a referendum on Scottish independence. The claim was branded "hooey" by Mr Salmond yesterday.

But Scotland Office minister David Mundell has said the referendum issue could end up in the court, which has been the focus of the First Minister's ire after effectively overturning recent Scottish High Court judgments.

Adam Tomkins, professor of law at the University of Glasgow, said: "The Supreme Court has jurisdiction over constitutional matters in the UK and the referendum is a constitutional matter.

"Mr Salmond may be trying to de-legitimise the Supreme Court because he is worried that it may one day rule that the question he wants to ask in the referendum is unlawful."

His comments were backed by leading Scottish human rights lawyer Niall McCluskey, the nephew of Lord McCluskey, the former solicitor general who is leading Mr Salmond's own expert group looking into the role of the Supreme Court.

Mr McCluskey said: "It may be that the SNP have one or more motives as to why they are on their present attack upon the Supreme Court, one of which is another way to forward the nationalist independence agenda.

"But if there continues to be a dispute between the Scottish Government and the UK government about the nature of the referendum - and if that dispute does end up in the Supreme Court - they will have concerns about how that is going to go for them."

Mr McCluskey said Mr Salmond has wanted a "spat" over the issue.

"He's wanted the spat to go on and he has shown no sign whatsoever of backing down," he said.

The SNP government has been embroiled in an unprecedented row with the London-based Supreme Court in the aftermath of its recent election victory, with both Mr Salmond and justice secretary Kenny MacAskill attacking the court's role in Scottish criminal cases.

"You're seeing Salmond showing - in a sense - a disregard for human rights, a disregard for independent judges, for human rights lawyers, and that is cause for concern," Mr McCluskey said.

"In a democracy, you've always got to be constantly vigilant to ensure that the politicians, if they do have powerful majorities like Salmond presently has, make sure they adhere to general freedoms that should be guaranteed in a democracy."

The Supreme Court can rule in Scottish criminal cases only on human rights grounds, but the SNP government has been angered over its ruling that effectively brought about a retrial for convicted wife murderer Nat Fraser and the recent Cadder judgment on suspects' access to lawyers.

The SNP says that the Scottish Court of Criminal Appeal should have the final say in Scottish criminal cases. Any referral on human rights grounds should go directly to the European Court of Human Rights in Strasbourg.

Professor Peter Duff, a criminal law expert at Aberdeen University, said: "There is an ulterior motive in the wake of the election results, which is I think that Alex Salmond is looking for issues to foster the independence agenda. And a spat between him and the Supreme Court over the independence of Scots criminal law? It furthers that agenda."

He added: "I think it's just total opportunism and creating another reason for resentment against Scotland being subject to UK institutions.

"I don't think anyone has objections to him raising concern over this issue - it's just the manner in which he's done it."

Asked yesterday whether the row was anything to do with the Supreme Court potentially ruling on the referendum, Mr Salmond replied: "Hooey."

He went on: "The reason for our concern is for protecting the integrity of Scots criminal law.

"And not just criminal law. There are some civil cases, the plural plaques case, for example."

He also said he was under a "self-denying ordinance", meaning he would not be discussing the Supreme Court issue until the panel of legal experts, which he appointed earlier this month, had reported on the issue.

The panel, chaired by Lord McCluskey, is expected to report next week in time for MSPs to debate the issue before Holyrood goes into recess.

"I'm just going to let Lord McCluskey and his distinguished panel come forward with their proposals," the First Minister said.

Lord Dyson Lord Dyson appointed to the High Court in 1993 and was Presiding Judge of the Technology and Construction Court from 1998 to 2001.He was appointed to the Court of Appeal in 2001 and was Deputy Head of Civil Justice from 2003 to 2006. He was knighted in 1993.

Lord Phillips President of the Supreme Court and previously Lord Chief Justice of England and Wales. Before that, he was a High Court judge from 1987 to 1995 presiding over the Barlow Clowes and Maxwell prosecutions. He became senior law lord in 2008.

LORD SAVILLE He became one of the first justices of the Supreme Court in 2009. He stood down in 2010 and was succeeded by Lord Wilson of Culworth.

Lord Walker Became one of the first justices of the Supreme Court in 2009, having been appointed a Lord of Appeal in Ordinary in 2002. He served as a judge of the High Court of Justice (Chancery Division) from 1994 to 1997, and as Lord Justice of Appeal from 1997 to 2002.

Lord Kerr Was Lord Chief Justice of Northern Ireland from 2004-9, and was the last Lord of Appeal in Ordinary appointed before Supreme Court was created. He was called to the Bar of Northern Ireland in 1970, and of England and Wales in 1974. In 1993, he was appointed a High Court judge and knighted. He became Lord Chief Justice and joined the Privy Council in 2004.

Lord Mance Became a Lord of Appeal in Ordinary in 2005. He was from 1999 to 2005 a Lord Justice of Appeal and from 1993 to 1999 a judge at the High Court, where he handled the Commercial Court litigation regarding the Kuwait Investment Office's investment in Grupo Torras.

Lady Hale Became the UK's first woman Lord of Appeal in Ordinary in January 2004, after a varied career as an academic lawyer, law reformer and judge. She is now the first woman Justice of the Supreme Court. After qualifying as a barrister, she specialised in family and social welfare cases. In 1984 she was the first woman to be appointed to the Law Commission.

Lord Brown Was President of the Security Service Tribunal from 1989 to 2000, and was appointed a Lord of Appeal in Ordinary in 2004. He became one of the Supreme Court's first Justices on 1 October, 2009. He served in the Royal Artillery as a national serviceman from 1955 to 1957. He became a High Court judge in 1984, and a member of the Court of Appeal in 1992.

Lord Collins Serves as a temporary justice after formally retiring earlier this year. He was was appointed a Lord of Appeal in Ordinary in 2009. In 1997, he became one of the first two solicitors to be appointed practising Queen's Counsel, and he was appointed a Deputy High Court judge in the same year.

Lord Clarke Spent 27 years at the bar, specialising in maritime and commercial law, undertaking a wide variety of cases in these areas. He conducted the Marchioness and Bowbelle inquiries. He is the first justice to be appointed directly to the Supreme Court, after being appointed to the High Court bench in 1993 and in April that year succeeded Mr Justice Sheen as the Admiralty Judge.Lord Rodger The other Scotttish judge on the Supreme Court, he became a Lord of Appeal in Ordinary in 2001. He was Solicitor General for Scotland (1989-1992) and Lord Advocate (1992-95). He was made a life peer and privy councillor in 1992. He succeeded Lord Hope as Lord President of the Court of Session and Lord Justice General of Scotland from 1996 to 2001. He is currently unwell and not serving on the bench.

Lord Hope Deputy president of the Supreme Court and the judge at the centre of the rows with the SNP government after the Nat Fraser judgment and the Cadder ruling on suspects' access to a lawyer. He practised at the Scottish Bar for 24 years. A former Dean of the Faculty of Advocates, he also served as Lord Justice General of Scotland and Lord President of the Court of Session. In 1992, he broke new ground by permitting an experiment in televising trials in Scottish courts for documentary purposes.