UK Government to challenge two Holyrood bills

Two bills passed by the Scottish Parliament last month face a competency test before the UK Supreme Court, after the UK Government confirmed its intention to mount a challenge over whether certain provisions are within the Parliament's powers.

Both bills make international agreements part of domestic Scots law. They are the Scottish Government bill to incorporate the United Nations Convention on the Rights of the Child, and Andy Wightman's member's bill to do the same for the European Charter of Local Self-Government.

Both were unanimously approved by MSPs. The UK Government had previously raised concerns that each bill could place obligations on UK ministers, which would be beyond devolved powers, but the Scottish Government declined to put forward amendments to meet these concerns.

Although the timing of the reference is sensitive during an election period, the Scotland Act provides a four week period after a bill is passed for a challenge to be considered before a bill is presented for Royal Assent. That will now be delayed pending a ruling from the Supreme Court.

The UK Government said the delay to the legislation could easily have been avoided, and accused the Scottish Government of being "more interested in stirring a constitutional row than getting the UNCRC bill into law at the first opportunity".

A spokesperson said: "The UK Government Law Officers' concerns are not about the substance of the legislation, rather whether parts are outwith the legislative competence of the Scottish Parliament."

Scottish politicians other than the Conservatives protested at the move, describing it as an attack on the rights of children.

The bills have been certified by the Presiding Officer as within the powers of the Parliament.