Summary

  • The equalities committee take evidence on sexual harassment in schools

  • Extensive coverage for first minister's questions

  • Willie Rennie holds a member's debate on GP out-of-hours services

  • The Scottish government responds to the Supreme Court ruling on Holyrood's Brexit bill

  • MSPs debate human rights and the Pow of Inchaffray Drainage Commission Bill

  1. Brexit endangers human rights says Lib Dem MSPpublished at 15:39 Greenwich Mean Time 13 December 2018

    Lib Dem MSP Alex Cole-HamiltonImage source, bbc
    Image caption,

    Lib Dem MSP Alex Cole-Hamilton

    Lib Dem MSP Alex Cole-Hamilton welcomes the work of the first minister's advisory group and the publication of its report, which is an "important contribution to the rights agenda in this county".

    Mr Cole-Hamilton says: "For 20 years Scotland's framework for human rights rested on pillars of civil and political rights, guaranteed by membership of the European Convention of Human Rights."

    He warns: "Brexit both removes the former and endangers the latter."

    "Our response to this threat should unite this chamber."

    Lib Dem amendImage source, Scottish parliament
  2. Human rights must be embedded in all our policiespublished at 15:33 Greenwich Mean Time 13 December 2018

    Labour MSP Mary Fee
    Image caption,

    Labour MSP Mary Fee

    Labour MSP Mary Fee says as elected representatives, it is our duty to ensure human rights are embedded in all policies.

    We must be more reflective and more self-critical, and be honest about the rise of discrimination like racism she says.

    Ms Fee calls for Scotland to do better in terms of meeting the rights of asylum seekers.

    She goes on to highlight issues around disability access, especially public toilet access for those with complex disabilities.

    Turning to Gypsy/Travellers, she says the racism directed towards this group is "unacceptable" and "must stop".

    AmendmentImage source, Scottish parliament
  3. Postpublished at 15:32 Greenwich Mean Time 13 December 2018

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  4. Postpublished at 15:30 Greenwich Mean Time 13 December 2018

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  5. Background: Progress on fairer Scotland 'stagnates'published at 15:28 Greenwich Mean Time 13 December 2018

    PeopleImage source, SPl

    Progress on making Scotland a fairer and more equal society has stagnated, according to a report by the Equality and Human Rights Commission.

    The body, which was set up to improve equality, said the concerns highlighted in its previous reviews were still evident.

    The EHRC's Scotland Commissioner Lesley Sawers said: "Fairness should be at the heart of Scottish society.

    "This review suggests that there is still some way to go."

    Read more here.

  6. 'We must always work to protect and maintain the rights we enjoy'published at 15:22 Greenwich Mean Time 13 December 2018

    Tory MSP Annie WellsImage source, bbc
    Image caption,

    Tory MSP Annie Wells

    Tory MSP Annie Wells says Monday 10 December marked Human Rights Day, external, the 70th anniversary of the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights, external.

    Ms Wells says the Scottish Conservatives have a commitment to remain signatories to the European Convention of Human Rights, external.

    "We must always work to protect and maintain the rights we enjoy."

    She calls for true parity between physical and mental health.

    Gender based balance must be ended and LGBTI rights promoted, she says.

    Annie Wells amendmentImage source, bbc
  7. Human rights advisory group will bring home international best practicepublished at 15:15 Greenwich Mean Time 13 December 2018

    Ms McKelvie

    Ms McKelvie says human rights is not just about what we do, but how we do it.

    That is why we are particularly proud of the social security charter as a standard against which ministers can be held accountable, she adds.

    As a government we have a clear understanding of where we want to go, the minister states.

    She says the ambitious vision set out by the human right advisory group is to bring home all the international treat.

    We'll begin 2019 with a commitment not just to continue Scotland's human rights journey, but with an action plan for improvements Ms McKelvie concludes.

  8. Human rights defenders enitltled not just to our respect but our gratitude toopublished at 15:09 Greenwich Mean Time 13 December 2018

    Equalities Minister Chirstina McKelvieImage source, bbc
    Image caption,

    Equalities Minister Chirstina McKelvie

    Equalities Minister Christina McKelvie begins by highlighting the plight of the Rohingyas and the cold blooded murder of Jamal Khashoggi which "horrified the world".

    "But he's only one of more than 30, yes 30, journalists murdered in 2018."

    Ms McKelive points out human rights defenders from all walks of life face daily threats in order to safeguard fundamental freedoms.

    They are entitled not just to our respect but our gratitude too, she says.

    Here's the motionImage source, Scottish Parliament
  9. Background: New statutory human rights framework across Scotlandpublished at 15:06 Greenwich Mean Time 13 December 2018

    Nicola Sturgeon and Group chairman Professor Alan MillerImage source, AFP/Getty IMages
    Image caption,

    Nicola Sturgeon and Group chairman Professor Alan Miller

    Nicola Sturgeon has announced plans to set up a taskforce as the first step in introducing a new statutory human rights framework across Scotland.

    Creating the framework through a new law at Holyrood is one of the key recommendations made by the first minister's Advisory Group in Human Rights Leadership in its final report.

    The group, set up to ensure Brexit does not lead to an erosion of human rights in Scotland, wants the new law to include rights already provided by the Human Rights Act and additional economic, social and cultural rights from United Nations treaties.

    A further six recommendations include:

    • a public participatory process as part of creating the new legislation
    • a Scottish government national mechanism for monitoring, reporting and implementation of human rights,
    • developing human rights indicators for the national performance framework
    • setting up the taskforce.

    The group also recommends developing a written constitution including a bill of Rights for Scotland in the event of Scottish independence.

  10. Scottish government debate: Demonstrating leadership in human rightspublished at 15:05 Greenwich Mean Time 13 December 2018

    The Scottish government is leading a debate about showing leadership in human rights.

  11. Postpublished at 15:04 Greenwich Mean Time 13 December 2018

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  12. CORRECTION: Scottish government could bring back continuity bill - Lord Advocatepublished at 15:01 Greenwich Mean Time 13 December 2018

    Labour MSP Neil Findlay
    Image caption,

    Labour MSP Neil Findlay

    Labour MSP Neil Findlay says the continuity bill was taken through parliament on a cross-party basis and his party will continue to work with the government.

    What action will be taken to make the legislation compliant and what timescale is there to do this, he asks.

    Mr Findlay also calls for a statutory commitment on areas of constitutional change to ensure legal advice can be published.

    The lord advocate says the cabinet secretary intends to enter discussions with other parties to discuss a way forward and the bill could be brought back to parliament with a view to making it compliant.

    Whether this is the right way forward given recent changes is something for the cabinet secretary to discuss with other members, he adds.

    Regarding legal advice, he says it is not normally published but the Brexit secretary is open to discussing it further.

  13. Background: Scottish and UK governments clash over Brexit court rulingpublished at 14:57 Greenwich Mean Time 13 December 2018

    Supreme CourtImage source, Supreme Court

    The Scottish and UK governments have clashed after Supreme Court judges said parts of Holyrood's Brexit legislation would not be allowed to stand.

    The judges said the bill "as a whole" was within Holyrood's competence, but that MSPs had acted outwith their powers in relation to one section.

    MSPs passed a Brexit bill in March after a row with UK ministers over Westminster's EU Withdrawal Bill.

    But the case was then referred to the court by UK government law officers.

    Read more here.

  14. Postpublished at 14:52 Greenwich Mean Time 13 December 2018

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  15. Does the lord advocate agree UK government needs to learn from this?published at 14:39 Greenwich Mean Time 13 December 2018

    Lib Dem MSP Tavish ScottImage source, bbc

    Lib Dem MSP Tavish Scott says this judgement does confirm the continuity bill as a whole would not be outwith the legislative competence of this parliament when it was published.

    Mr Scott goes on to say the difference between the position before and after the UK Act lends weight to the view the UK government reduced the powers of this parliament.

    Does the lord advocate agree that the UK government needs to learn from this, he asks.

    Mr Wolffe says the government's position is on record and as a lawyer he is obviously concerned that the constitutional arrangements of this parliament are followed.

    He adds that it is satisfying that the analysis put forward by three law officers has been accepted by the UK Supreme Court.

  16. Further reaction on Twitterpublished at 14:37 Greenwich Mean Time 13 December 2018

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  17. Is there a way to link Scots law to EU environment principles?published at 14:36 Greenwich Mean Time 13 December 2018

    Scottish Green co-convener Patrick Harvie
    Image caption,

    Scottish Green co-convener Patrick Harvie

    Scottish Green co-convener Patrick Harvie says this parliament has a responsibility to give effect to the improvements made to this bill.

    In relation to the environmental principles, this section survives the ruling with one exception which links to the environmental treaties in the EU, he says.

    Will is be possible to replace or restore that link, Mr Harvie asks.

    Mr Wolffe says he is unable to offer a snap legal judgement on this but the government will look to work with all parties to ensure the bill can be passed.

  18. Lord Advocate says 'critical change' actually came at report stage in Lordspublished at 14:33 Greenwich Mean Time 13 December 2018

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  19. Overriding decision on retaining human rights post-Brexit 'absolute disgrace'published at 14:30 Greenwich Mean Time 13 December 2018

    SNP MSP Bruce Crawford says the Scottish Parliament decided to keep the Charter of Fundamental Rights after Brexit.

    Mr Crawford asks if he is correct that the Supreme Court has decided we were entitled to do just that, but by passing the EU Withdrawal Act, the UK Parliament has overriden that decision, which would be an "absolute disgrace".

    "The member's analysis is I think correct," replies the lord advocate.

  20. Lord advocate insists he will stick to legalities not politicspublished at 14:23 Greenwich Mean Time 13 December 2018

    Lord Advocate James Wolffe says he will leave political comment to others and confine his comments to legal aspects of this.

    Mr Wolffe says it is clear at the time when this parliament passed the bill it was within its entirety, with the exception of one section, within the competence of this parliament.

    The "comprehensive attack" from the UK government, with the exception of that one section, was rebuffed, he says.

    The lord advocate says after Holyrood passed the bill, the UK government invited the UK parliament to pass the EU Withdrawal Act, which contained new powers.

    He says the result of these powers meant certain provisions of the bill cannot now come into force.

    The presiding officer says the lord advocate is caught in a "crossfire" of heckling, with the two cabinet secretaries on the front bench are amongst the worse hecklers.