Scots human rights chief's concern over Coronavirus emergency laws

Scotland’s human rights watchdog has called for strong safeguards to ensure that emergency Coronavirus laws passed UK-wide last week are not abused.

MSPs at Holyrood backed the new emergency laws last week

Concerns over the sweeping new controls in areas like social care, mental health law, restrictions on people’s movement and quarantine measures contained in the Coronavirus Act have been highlighted by the Scottish Human Rights Commission.

Holyrood gave legislative consent to the laws which will apply UK-wide subject to a six month review.

The changes have "significant implications" for safeguarding of the human rights of people with mental disorder, a briefing by the Commission states.

This amounts to "greater power in the hands of professionals, lower levels of scrutiny and the potential for significantly increased periods of detention and restriction of autonomy.”

They impact on various articles of the European Convention on Human Rights (ECHR) covering the right to life, freedom from torture, inhuman or degrading treatment, right to liberty and the right to fair trial, the briefing adds

The new police powers to disperse gatherings and instruct people to return home has been backed by the watchdog in the circumstances, but there are calls for regular reporting on their use to guard against "unintended consequences" such as particular groups being targeted.

There are also concerns about provisions in the news which would allow Scots councils to relax the need to provide social care, during the outbreak, for those usually entitled to it.

Judith Robertson, Chair of the Commission, said: “In times of crisis, human rights laws and standards must guide government action, parliamentary scrutiny, and subsequent monitoring and review of measures taken.

“Broad powers will be conferred on Scottish Ministers by this week’s emergency legislation, enabling them to deal with the current public health crisis. While these measures may be necessary at this moment in time, many of them have substantial human rights implications and must therefore be subject to regular review, including in the event that parliament is not sitting.

“External, independent oversight by appropriate existing bodies, of the use and impact of these powers will also be important. We want to see Scottish legislation provide for this.

“We have also briefed MSPs today on a range of specific areas of particular concern when it comes to people’s rights. These include measures affecting social care, mental health law, restrictions on people’s movement, quarantine measures, arrangements for registration of workers and the particular risks faced by people in places of detention.”