MSPs push minister for new timetable on children’s rights legislation

MSPs have pressed the Scottish Government to set out a “likely timetable” for revised legislation on children’s rights.

Members of Holyrood’s Equalities, Human Rights and Civil Justice Committee are seeing an update on progress on plans to incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Scots law.

A Bill to do this was passed by Holyrood in 2021, but a legal challenge by the UK Government resulted in the Supreme Court ruling parts of the legislation fell outside of the Scottish Parliament’s competence.

MSPs have now heard concerns about a “lack of progress” on the revised Bill, with the committee writing to Social Justice Secretary Shirley-Anne Somerville.

It comes after Ian Duddy, chair of the Scottish Human Rights Commission, said there is a need to “see clarity from the Scottish Government about the Bill and its introduction”.

Bruce Adamson, the Scottish Children’s Commissioner, also agreed ministers should publish a timetable for reconsideration.

Committee convener Kaukab Stewart added: “Other witnesses have told us that it is crucial the UNCRC is incorporated as soon as practicably possible to enable it to provide additional protections for children who are currently living within the asylum system.”

In her letter to the Social Justice Secretary, Ms Stewart told how a number of witnesses giving evidence to the committee had “expressed concern to members about the lack of progress on the Bill”.

In her letter to Ms Somerville, the committee convener noted former children’s minister Clare Haughey had pledged in March to provide an update on progress with making amendments to Bill.

Ms Haughey had said then that the Scottish Government was working with the UK Government to amend the legislation, with details of revised amendments given to Westminster on March 9 so ministers there could advise “within the next few weeks” if these created any “new and material concerns”.

While Ms Stewart said the committee “appreciates that this is a complex matter and one on which the Scottish Government has been awaiting a response from UK ministers”, she said MSPs would like more information on any progress.

The committee is seeking a “further update, if available, on the likely timetable” for the reconsideration stage for the legislation.

A Scottish Government spokesman said: “We remain committed to Scotland being the first UK nation to incorporate the UNCRC into domestic law, ensuring we are a country that respects, protects and fulfils children’s rights.

“Work to achieve this is well under way, including engagement with UK Government lawyers to try to reduce the risk of another referral to the Supreme Court on a revised Bill, which could cause further delays.

“Legal issues around the Bill are complex and consideration of these issues has taken longer than hoped. It is however important to get the Bill right for children now and for generations of children to come.”