'Childish' Alex Salmond faces legal threat from human rights lawyer
Alex Salmond is facing the prospect of legal action after launching an astonishing personal attack on one of Scotland's leading human rights lawyers.
- By David Clegg, political editor
- Published in the Courier : 16.06.11
- Published online : 16.06.11 @ 09.44am
Professor Tony Kelly confirmed he was consulting his lawyer after the First Minister said he made an "incredibly comfortable" living representing the human rights of prisoners.
Prof Kelly claimed the full comments, which appeared in a magazine interview but The Courier is not repeating for legal reasons, "called into question" his professional integrity.
The legal threat is the latest twist in the continuing controversy over the role of the UK Supreme Court in the Scottish legal system, which Mr Salmond believes threatens the independence of Scots law.
Justice secretary Kenny MacAskill has faced criticism after threatening to remove funding for the court, saying, "He who pays the piper calls the tune."
That was widely seen as potentially threatening the traditional independence of the judiciary.
Prof Kelly, who has represented clients including the Lockerbie bomber, has raised the prospect of the First Minister facing legal action.
"I am sad that the First Minister has called into question my professional integrity," he said. "I act for the most maligned in our society and in so doing fully expect that such a role is disliked, and, at times, misunderstood, by others.
"With regret, I have had to take legal advice and, following upon that, given the nature of the attacks upon me, I have decided to formalise my position.
"Human rights for those imprisoned are not popular. They tell us some things that we do not like to hear — the courts have repeatedly told the government that it has breached human rights — including some of the most important articles of the convention.
"It is a matter of regret that the First Minister appears to lay blame at the door of the law, the judges, the court and, now, finally, the lawyers for taking them forward."
Opposition politicians at Holyrood accused Mr Salmond of "demeaning" the office of First Minister in the interview, which also included an attack on Lord Hope, deputy president of the Supreme Court.
He said the judge was making judgements that allowed the "vilest people on the planet" to win compensation from the taxpayer.
Continued...
10.27am - 16.06.2011 Arty Ukipp - Dundee, Scotland U.K. Report This
According to Salmond, it is not acceptable for a court in England (with two Scottish judges as part of it) to interfere with Scots law but perfectly all right for a court in Europe to ride roughshod over our legal system. Expect more of the same in the unlikely event of separation.
03.38pm - 16.06.2011 Steve Scott - Dundee, Scotland Report This
This man [Salmond] has taken a power trip since his party won the Scottish Parliamentary elections. He should remember that it wasn't an Independence referendum. Like it or not, Scotland is *still* part of the UK.
05.53pm - 16.06.2011 Alexander - Montrose, Angus Report This
The First Minister does not deserve criticism for standing up for Scotland and Scottish Law, its his job, that is what he was elected to do.
06.22pm - 16.06.2011 Steve Scott - Dundee, Scotland Report This
He wasn't elected to be down-right rude. If he's got a phobia about un-elected judges, will ALL Scottish judges be up for election? What about all his other Quangos? If he doesn't change the law to bring elected bodies in his control, he's a hypocrite to complain about non-elected judges.
07.54pm - 16.06.2011 Stuart Allan - Dundee, Scotland Report This
Arty, the UK Supreme Court is NOT instead of Strasbourg. It is just another step that allows those convicted of serious crime in Scotland to drag the appeal process out BEFORE it goes to Strasbourg. It is unnecessary and a threat to Scottish legal independence. Salmond is right to challenge it.
09.39pm - 16.06.2011 Carl K - Dundee, UK Report This
The UK Supreme Court exists to ensure that everyone living in all 4 parts of the Nation receive the same Human Rights. Scottish removal from this would see Scots out on a limb. No thanks.
09.44pm - 16.06.2011 f r macdonald - Edinburgh, Scotland Report This
It hasn't taken long for the myth that he is only standing up for Scotland. If only that were true. Sadly, the reality is that this is nothing less than another SNP fight with Westminster.
01.09am - 17.06.2011 Craig Miller - Falkirk , Scotland Report This
The First Minister has correctly identified the danger to the long established independence of Scots law that this recent Judicial innovation poses , the question of bringing Scots law into line with the European Convention lies soley within Scottish civil society ...no apology needed First Minister
04.24pm - 17.06.2011 Allan - Greenock, Scotland Report This
I'm afraid this is yet another example of a poorly briefed first minister out on a limb, yet again. Mr Salmond should recognise the effect this is having on his post, apologise, and let us move on.
09.23pm - 17.06.2011 Stuart Allan - Dundee, Scotland Report This
Carl K, it doesn't. Convicts in Scotland can ignore the Scots verdicts and go directly to the Supreme Court. English/Welsh convicts need permission from the High Courts (or whatever) to apply to it. Anyway, why should UK convicts get yet more chances to appeal? Why make victims suffer more?
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