Supreme Court hearing opens on challenge to Holyrood bills

The UK Supreme Court today begins a hearing on whether two bills passed by the Scottish Parliament were within the Parliament's powers.

A challenge has been brought by the UK Government regarding provisions of the bills to incorporate the UN Convention on the Rights of the Child, and the European Charter of Local Self-Government, into Scots law.

In each case it is claimed that the bill would place obligations on UK ministers in matters reserved to Westminster, and also affect the UK Parliament's powers to make law for Scotland, contrary to the devolution settlement.

The question is also raised of the proper application of s 101(2) of the Scotland Act 1998, by which, if a provision of an Act of the Scottish Parliament could be read as being outside legislative competence, that provision is to be “read as narrowly as is required for it to be within competence, if such a reading is possible".

Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Sales and Lord Stephens will hear arguments for the Advocate General for Scotland, on behalf of the UK Government, and the Lord Advocate on behalf of the Scottish Government. The Counsel General for Wales is also opposing the challenge.