Changes proposed for children’s rights Bill after court ruling
The Scottish Government has changed its proposition for the incorporation of international children’s rights into Scots law, after the original Bill was ruled to be outside Holyrood’s powers.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill was passed unanimously in 2021, before being found by the UK Supreme Court to legislate outwith the powers of the Scottish Parliament.
Newly-announced changes mean that public authorities will only be required to comply with the UNCRC rules when delivering duties under powers in an act of the Scottish Parliament.
She said it had become clear that changes were needed in order to prevent another referral to the Supreme Court.
Under the new proposals, the UNCRC duties would not apply to public authorities carrying out duties under the Education Act of 1980 or the Children Act of 1995.
Ms Somerville said: “These proposals will result in a Bill that provides valuable protections for children’s rights and that does so in a way that is legally sound and is clear for users.
“It will also allow us to begin our journey to legislate for children’s rights and wider human rights and provide a solid legal foundation on which to build in the future.
“That would become easier if there was political commitment in Whitehall to legislate for children’s rights.
“Once again we find the democratic will of this Parliament blocked by Westminster.
“It remains true that the simplest way to secure protection for children’s rights, in Scotland and across the UK, and to do so as fully as possible, is for the UK Government to incorporate the UNCRC into UK law.”
Scottish Conservative deputy leader Meghan Gallacher blamed ministers in Edinburgh for delays to the UNCRC Bill, saying she was “increasingly annoyed” by the government’s “inability to legislate”.
She noted it had been 630 days since the Supreme Court decision, telling the parliament: “No wonder nothing gets done in this place.”
Ms Gallacher said: “We still don’t know when this Bill will come back to parliament. What on Earth is going on?”
Ms Somerville said the government is “determined” to bring the Bill back to the chamber after recess.
A UK Government spokesperson said: “The Supreme Court determined that parts of the Scottish Government’s original Bill were outside the competence of the Scottish Parliament. We will consider any revised legislation in the usual way.”