Restricted UNCRC Bill approved by Holyrood

The bill to bring the United Nations Convention on the Rights of the Child into domestic Scots law has been passed by the Scottish Parliament for a second time.

The bill came back before Holyrood after the UK Supreme Court ruled in 2021 that several of its provisions were beyond the Scottish Parliament’s legislative competence, following a referral by the UK Government. The Scottish Government then prepared amendments to reduce its scope.

As amended, the bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament or under common law powers. It also allows for children, young people and their representatives to use the courts to enforce their rights.

It remains open for the UK Government or others to test the legality of the amended bill.

Following the vote, Social Justice Secretary Shirley-Anne Somerville commented: "This bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

"Although Scotland will become the first devolved nation in the world to incorporate the Convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

"We’ve had to limit the scope of this bill because of legal action taken by the UK Government. That is deeply disappointing. So, while this bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK Government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action."