UNCRC Bill to be amended following Supreme Court ruling

The bill to bring the UN Convention on the Rights of the Child into Scots law is to be amended in its effect following the legal challenge upheld by the UK Supreme Court, the Scottish Government has announced.

Last October, following a challenge by the UK Government, the Supreme Court ruled that parts of the Bill were outwith the legislative competence of the Scottish Parliament in being too widely drawn in its effect on public authorities and in purporting to affect legislation at UK level.

Since then Scottish ministers have unsuccessfully attempted to persuade the UK Government to amend the devolution settlement to permit the bill to be given effect.

Deputy First Minister John Swinney has now confirmed that to address the issues identified by the Supreme Court, over the next few weeks there will be "targeted engagement" with relevant organisations and children and young people on proposed changes to the bill. These will remove UK Acts from its remedial provisions. The amendments will then be brought before the Parliament via the reconsideration stage.

Similarly, the member's bill to incorporate the European Charter on Local Self-Government into Scots law, provisions of which were held beyond legislative competence in the same judgment, will be amended following engagement.

"The UNCRC Bill was passed by the Scottish Parliament to deliver the highest protection possible for children’s rights. The Supreme Court ruling was bitterly disappointing, but we have fully respected and carefully considered its implications", Mr Swinney said.

"It is disappointing that it will not become law in the form which our Parliament agreed. However, we can now move forward with legislation to build a Scotland where respect for human rights anchors our society and the institutions which govern and deliver public services."