Ministers propose to restrict scope of UNCRC Bill

The bill to incorporate the UN Convention on the Rights of the Child into Scots law is to be scaled back following the UK Supreme Court ruling that parts of it go beyond Holyrood's powers, the Scottish Government has confirmed.

Social Justice Secretary Shirley-Anne Somerville told the Parliament that amendments to be brought forward after the summer recess will mean that public authorities will only be required to comply with the UNCRC requirements when delivering duties under powers in an Act of the Scottish Parliament.

As passed by the Parliament in 2021, the bill requires all Scotland’s public authorities to take proactive steps to protect children’s rights, and makes these rights enforceable in court by children, young people and their representatives. The Supreme Court ruled that provisions requiring certain Westminster legislation to be given effect so far as possible in a manner compatible with the UNCRC, and allowing the courts to strike down or declare such legislation as incompatible with the Convention, contravened the Scotland Act, as did the section requiring any public authority, carrying out any function, to act in an incompatible way.

Ms Somerville said: "In consultation with stakeholders, including the Children’s Commissioner Office, Together, The Scottish Human Rights Commission, Unicef UK and members of the Scottish Youth Parliament, ministers have reached the conclusion that the most effective route forward is to progress the option that minimises the risk of a further referral to the Supreme Court, and which also minimises the complexity users will need to navigate.

"Ministers will now seek to confirm with the parliamentary authorities that amendments are admissible under Standing Orders for Reconsideration and then lodge a motion so that Parliament can confirm its willingness to reconsider the bill."

She explained that although the Government had looked at ways of enabling the bill to apply to UK legislation devolved areas, "UK Government lawyers have continued to raise questions and it has become clear to me that they cannot give us reassurance – no matter what is put to them – that would guarantee there will not be another referral to the Supreme Court".

However ministers will continue to call for the UK Government to adopt the Convention into UK law.

Opposition members accused the Government of wasting time since the Supreme Court ruling in October 2021, and of stoking grievance against Westminster.