I can't say what part of the European Convention on Human Rights is supposedly contravened by a ban on tobacco vending machines. I would just say that such a ban is unnecessary, and taking the most highly priced cigarettes out of the market in order to deter kids from using them is a waste of time as well as damaging to industry.
Radio-controlled vending machines have been developed specifically to deal with age verification. An amendment by Rhona Brankin MSP (Labour) asking for time to trial these machines was rejected out of hand by all three major parties in the final stage debate, because it 'would not work' (Ms Brankin attempted to withdraw the amemdment but it still went to the vote). And because it would involve existing machines remaining in service while the trials proceeded.
But probably most of all because in the words of Shona Robison, then Minister for Public Health and Sport: .
I am sure that no one in the Parliament would want Scotland to lag behind England on a tobacco control measure. [Official Report, col 23102]Reassuring?