Scottish Tories "for nothing if you don't have freedom"*

What now for the Scottish Tories?

Yesterday they David McLetchie took a stance which flew in the face of common sense or fairness, when they opposed the right for a suspect to have a lawyer present for the first six hours while the police were able to question. The Tories are probably opposing the ruling solely on the grounds that it comes from a decision taken in the European Court for Human Rights in 2008. The fact that there are some sensible decisions taken in Europe seems to be a point that deludes them. Hopefully the Scottish people will remember how inhuman the Scottish Tories are on the subjects of rights for the citizens next May.

The preamble to the Liberal Democrats constitution says that "no-one shall be enslaved by poverty, ignorance or conformity" and the presence of the six hour rule could well have let to some innocents being imprisoned due to these. So I suspect that this ruling may cause ructions in Westminster with the Tories trying to limit or remove the European Convention on Human Rights from UK law and the rulings of the European Court, even where they are beneficial, being countermanded. Also unlike the Tories the Liberal Democrats believe "our responsibility for justice and liberty cannot be confined by national boundaries"[from the preamble]

I trust that the Lib Dems in Westminster, having secured our Freedom Bill in the coalition agreement will remember that the party exists "to build and safeguard a fair, free and open society, in which we seek to balance the fundamental values of liberty, equality and community"[from the preamble].

The Scottish Tories may moan "but they'll never take OUR FREEDOM"**.

Or else we'll set the Comptroller of HM Household (pictured) on them.

* Yeah a little bit of Braveheart in the title.
** And a little bit more Braveheart at the end.

EU Human Rights Too Much for Scots Tories

The Tories have a hate-hate relationship with all things European it seems. In the run up to the 2009 European elections the Liberal Democrats were going to highlight some of the areas of good that Europe were doing which the Tories wanted to scrap. You many have missed this message as it was drowned out by the cacophony of noise surrounding the Daily Telegraph's coverage of the MP's expenses.

However, it has reared its ugly head again. This time it has arisen from the case of Peter Cadder who has raised an issue from Scots Law in the UK Supreme Court following a ruling by the European Court of Human Rights in 2008: the case is set to conclude.

Currently the Scottish police can question a suspect for six hours without a lawyer present. Cadder as a teenager was convicted of assault and breach of the peace on evidence gained before his lawyer was present.

David McLetchie MSP, former leader of the Scottish Conservatives, said:

"This issue is now coming to a head.

"If the Supreme Court decides in favour of Cadder and the decision is retrospective, then the Scottish Conservatives stand ready to work with the rest of parliament to limit the damage.

"As we saw with the slopping-out fiasco, ECHR can often serve the interests of the criminal, rather than the law-abiding majority.

"Its incorporation into the Scotland Act in 1998 was an error of judgment which, 12 years on, needs to be reviewed."

There are two fundamental things wrong with Mr McLetchie's statement. First the assumption that only the guilty benefit from not having to give evidence until they have a lawyer present. I know there are times when constituents have in the past said they felt intimidated to say what officers have wanted to hear rather than the truth to get things dealt with more rapidly.

Also the European Convention on Human Rights (ECHR) is there to serve the best interests of all parties. The accused, whether proven guilty or not proven, as well as the police officers responsible for the questioning. With an outside party present they cannot overstep their authority.

Therefore far from calling for the ECHR to be taken out of the Scotland Act (as indeed in Westminster) the Tories should be looking at the good that comes out of it. It is a pity that blind euro scepticism is so rampant in the Tory party when more of our world and especially crime knows and respects no borders

Read also: Lallands Peat Worrier scholarly take on the Cadder judgement even without the McLetchie angle. I see that Michael also beat me to this story as well as this Tweet. Grr!

Update: The Supreme Court has ruled that Scottish Police no longer have the right to question a suspect without their lawyer being present.