SCOTTISH ministers have warned that pledged new powers for Holyrood will bolster their case against Conservative plans to repeal the Human Rights Act.
First Minister Nicola Sturgeon has already indicated that she will not sign a 'legislative consent motion' in favour.
The new Scotland Bill will also put the Sewel Convention, designed to ensure that Westminster will normally legislate on devolved matters only with the agreement of the Scottish Parliament, on a statutory footing.
A Scottish Government spokesman said: "Repeal of the Human Rights Act is strongly opposed in Scotland.
"In today's Queen's Speech, the UK Government undertook to bring forward proposals for a British Bill of Rights which would replace the HRA.
"While the details of those proposals have yet to be spelled out, and will presumably be the subject of future consultation, it is very likely that the Sewel Convention would be triggered under current and any future legislative consent motion arrangements.
"Given the established position of the Scottish Parliament, it is equally likely that legislative consent would be refused."
He added: "A decision by the UK Government to ignore the views of the Scottish Parliament would breach the fundamental principles on which the entire devolution settlement is constructed."
Alex Salmond said that the Tory announcement of a new "consultation" on its Human Rights Act plans was "Westminster-speak for blown off course".
Liz Truss, a Conservative Cabinet minister, said her party was still committed to repeal and the introduction of a British Bill of Rights.
Meanwhile, former Justice Secretary Kenny MacAskill has admitted that the SNP did not allow prisoners to vote in the independence referendum because the party feared "lurid headlines" in the run up to the crucial vote.
The MSP has urged the Scottish Government to review what he described as a "shameful" position if it was to have credibility in its opposition to David Cameron's plan to scrap the Human Rights Act.
The European Court of Human Rights has ruled that a blanket ban on prisoners voting is a breach of human rights.
Writing in the pro-independence newspaper The National, Mr MacAskill said: "Shamefully, the Scottish Government has so far refused to adhere to the spirit and the judgements of the European Courts.
"Initially it hid behind the franchise being reserved to Westminster but did indicate that it did not support its extension to prisoners. That was compounded by replicating the Westminster line in the franchise for the referendum. Votes were granted for 16 and 17-year-olds but not prisoners.
"In that act I am as complicit as any as the former justice secretary. It was the wrong thing done, albeit for the right reasons. It was to avoid any needless distractions in the run-up to the referendum, to deny the right-wing press lurid headlines that could tarnish the bigger picture.
"To have credibility on the issue the Scottish Government must now review their position on votes for prisoners or the defence of the Human Rights Act will ring hollow."
The Scottish Liberal Democrats hit out at Mr MacAskill for blocking the party's moves to give some prisoners the vote in the referendum and failing to act in seven years as justice secretary.
John Swinney, the Deputy First Minister, said the Scottish Government had "no plans" to change its position over the issue, with powers over Scottish elections set to be devolved to Holyrood.
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