Report and Recommendations - Scottish Government

would often have to take place outwith normal office hours. Furthermore,even for interviews during these hours, the legal aid structure, notably theadvice and assistance scheme 34 , did not cover the presence of a solicitorduring interview. The duty agent scheme did not provide for attendance atsuch interviews. No doubt, therefore, even if a suspect had elected to contacthis solicitor, it would have been unlikely (although by no means impossible)that a solicitor would have attended prior to the detention interview, at leastwhere the client did not have adequate private means to fund such attendance.The idea of a telephone consultation does not seem to have been considered.The Incorporation of the Convention2.0.22 The development of law in this area experienced rapid change following theincorporation of the European Convention into Scots law. This was effectedthrough two pieces of legislation passed in the same year. First, there was theScotland Act 1998, coming into force in July 1999. Secondly there was theHuman Rights Act 1998, which came into force in October 2000. Under theterms of the Scotland Act, notably section 57(2), a member of the ScottishExecutive (i.e. a Scottish Minister):“...has no power to make any subordinate legislation, or to do anyother act, so far as the legislation or act is incompatible with any of theConvention rights” (emphasis added).2.0.23 Where any act of a Scottish Minister is contended to be incompatible with theConvention, it can be challenged by raising a “devolution issue”. As the34 see Chapter 6.1 – Legal Advice35