The next continued petition on our agenda today is PE1791, by Mike Fenwick, calling on the Scottish Government to recognise and respond to concerns that section 39 of the Referendums (Scotland) Act 2020 establishes a legal challenge, namely that it breaches protections afforded by the Human Rights Act 1998.
Submissions have been received from the Scottish Government and the petitioner. The Scottish Government’s submission advises:
“Section 39 specifically relates to court proceedings which are about ‘questioning the number of ballot papers counted or votes cast as certified by a counting officer or by the Chief Counting Officer’, section 39 does not cover court or other procedures relating to concerns relating to campaigning, or any other issue.”
Do members have any comments or suggestions for action? My own sense is that we have come to a natural conclusion on this one.
