In a series of papers I have drawn to the attention of the Scottish Government evidence that the 2003 Act is not compatible with Convention rights. In my papers I have made reference to judgments of the European Court of Human Rights (ECtHR) and also to recommendations made in 2004 by the Council of Europe. (The Council of Europe was set up after the end of World War 2 in order to safeguard human rights and was responsible for the establishment of the ECHR and also the ECtHR.) The Scottish Government, however, has refused to accept that the Scottish Parliament might have exceeded its legislative competence by passing an Act which was not compatible with Convention rights. Basically, in spite of the evidence to the contrary, the Scottish Government has maintained that the 2003 Act contains sufficient safeguards and provisions for appeals. It has claimed that no fundamental changes to the Act are necessary and has avoided entering into a meaningful debate with me.