Analysis: The important point is what is the future of human rights?

THE timescale for this review was too tight. It's another area - as with the sectarianism legislation - where the government should have said - this is too big and too difficult to try to work it out in only a few weeks.

In fact, it is questionable whether an inquiry was needed at all. After all, the Advocate General has looked at it twice in the past six months or so.

The McCluskey Report leans heavily on evidence given to the Advocate General and then takes a different turn at the end - which is unfortunate.

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McCluskey's Expert Group is saying it is now available to meet with others, although one wonders what would be the point, given that it appears to have reached pretty clear conclusions already.

Effectively now, the First Minister can say the Advocate General is saying one thing, but my group trumps that because Lord McCluskey, Sir Gerald Gordon, Sheriff Charles Stoddart and Professor Neil Walker are all far more distinguished than Lord Wallace is.

With respect, it doesn't really matter who is saying it. The important point is what is the future of human rights challenges in Scotland?

Perhaps the First Minister still hopes that no cases go to the Supreme Court at all.

This could happen if there is a veto given to our High Court.

On past form the High Court in Scotland would be unlikely to grant leave for cases to go to the Supreme Court.

In England, the court may not always grant leave but, as I understand it, it is ready to acknowledge and certify issues of general public importance, especially ECHR points.

Despite early enthusiasm, the High Court's view of ECHR implications has been too restrictive.

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However, if at the bottom of all of this there was a desire on the First Minister's part to get the Supreme Court to leave Scotland alone, I don't reckon it will achieve that.

I certainly hope it doesn't, at least until the High Court once more embraces ECHR as an instrument for positive change and development.

• John Scott is Vice-President (crime) of the Society of Solicitor Advocates.

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