Justice in an independent Scotland

Supporting safe and resilient communities

Independence would enable Scotland to take its own decisions to address issues such as drugs and gambling, and increase cooperation with international justice partners, according to a new paper published by Justice Secretary Angela Constance.

‘Justice in an independent Scotland’, the 13th paper in the ‘Building a New Scotland’ series, sets out the Scottish Government’s intended approach for the justice system following independence, including aspects which are currently reserved to the UK Government.

It also outlines how Scotland could, through cooperation with international partners and – through European Union membership and representation on the Council of Europe, United Nations and Interpol – play a full part in addressing global issues including cross-border crime, serious organised crime and cyber-crime.

Proposals in the paper include:

  • restoring police and prosecutors’ access to measures like the cross-border European Arrest Warrant, which were lost following Brexit, in line with the government’s commitment to rejoin the EU as an independent country
  • extending the public health approach being taken to violence reduction into the currently reserved areas of drug policy reform and gambling
  • full incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into Scots law to further enhance children’s rights
  • a framework for human rights law to protect and promote fundamental freedoms, including those in the European Convention on Human Rights (ECHR).
https://twitter.com/i/status/1783541535247651124

Ms Constance said: “Scotland’s justice system has a long and distinguished history and I am proud of the work we have done over many years to strengthen and modernise it.

“The level of recorded crime has fallen to near 50-year lows and homicides are at their lowest levels since comparable records began. We are also building a trauma-informed approach to our justice system.

“However, there is more we could do with independence. Scotland’s police and prosecutors would regain access to tools to pursue criminals across borders which were lost following Brexit, such as the Schengen Information System and the European Arrest Warrant.

“These are essential to combatting sophisticated criminal networks and helping victims get justice even where a perpetrator resides outwith Scotland.

“With the power to take our own decisions, we could also enhance and further embed our public health approach to justice issues, extending this to addiction such as drugs and gambling.

“This would enable future governments to consider measures that would better address the specific needs and circumstances of people in our communities, such as safer drug consumption facilities, raising the legal age of gambling, and strengthened firearm licensing.

“Combined with the broader economic, employment and social security powers that would come with independence – as set out throughout the Building a New Scotland series of papers – we could take a more effective approach to improving justice outcomes, reducing burdens on the justice system and further reducing the number of victims of crime.”

Building a New Scotland: Justice in an independent Scotland – gov.scot (www.gov.scot)

Jenny Gilruth: Commitment to the right to free education

Enhanced opportunities for people of all ages

Independence would allow Scotland to further improve its education system, including a proposal to enshrine the government’s policy on free tuition in Scotland’s permanent constitution, according to a new paper published by the Cabinet Secretary for Education and Skills Jenny Gilruth.

Education and Lifelong Learning in an Independent Scotland’, the latest paper in the Building a New Scotland series, sets out the Scottish Government’s policy proposals for education following independence.

Independence would allow future Scottish Governments to:

  • propose that the government’s policy on free university tuition becomes part of an independent Scotland’s permanent constitution, subject to the deliberations of a future Constitutional Convention
  • use all the powers of an independent nation to fully tackle child poverty, helping to ensure every child in Scotland has the opportunity to reach their full potential
  • incorporate – in full – the United Nations Convention on the Rights of the Child into Scots law, further enhancing children’s rights
  • consider enhancements to the length and level of paid maternity leave and extending the current statutory two week leave and pay provision for partners as well as providing additional weeks of shared parental leave taken at the end of the 52 week maternity period
  • rejoin EU exchange programmes that benefit students such as Erasmus+ as part of the EU and foster good global connections by promoting international research exchange

Ms Gilruth said: “Our education system shows why making decisions in Scotland, for Scotland, is better for people who live here. 

“Since 1999 we have been able to take choices to improve opportunities for our young people – including abolishing tuition fees, expanding free school meals and investing in transformational early learning and childcare.

“But the outcomes for our children and young people continue to be harmed by decisions taken by the UK Government – particularly in terms of social security cuts, which are impacting children and families the most.

“Independence puts the full powers to tackle child poverty in Scotland’s hands, and would allow us to build on our existing policies. Modelling published last month estimates that Scottish Government policies will keep 100,000 children out of relative poverty in 2024-25.

“As we have already set out, we would enshrine economic, social and cultural rights – including the right to education – in the interim constitution, effective from day one of independence.

“The Scottish Government would propose that our policy on free university tuition is enshrined in the permanent constitution of an independent Scotland, subject to the deliberations of the Constitutional Convention.

“Independence would put significant economic and legislative levers in Scotland’s hands and give future Scottish Governments a range of opportunities to do things differently on a range of key issues, like children’s rights, tackling child poverty, reserved childcare support schemes and parental leave.

“This paper sets out just some of the opportunities open to future independent Scottish Governments to build a successful and thriving Scotland.

“It shows the potential that can be unlocked for our children, young people and families – the best start in life in a fair and prosperous independent nation.”

Building a New Scotland: Education and lifelong learning in an independent Scotland

Minimum Income Guarantee in an independent Scotland

Enabling people to thrive and live with dignity

The latest paper in the Building a New Scotland series, Social Security in an independent Scotland, published this week, outlined how a Minimum Income Guarantee could ensure everyone can achieve a dignified standard of living.

The proposals included how a Minimum Income Guarantee could:

  • be set at a higher rate than current UK Government benefits and respond to real changes to the cost of living
  • enable all households to live with financial security
  • ensure those who are able achieve the minimum income level through fair and accessible paid work

Social Justice Secretary Shirley-Anne Somerville said: “With limited powers, the Scottish Government has already delivered transformative social security benefits that have made a real difference to people’s lives. Due to the policies of this government, an estimated 90,000 fewer children are expected to live in poverty this year.

“However, we want to go further and that is why we have proposed that a Minimum Income Guarantee could be introduced in an independent Scotland to ensure everyone has enough support to not only survive, but to thrive.

“The UK approach to social security has provided inadequate levels of financial support and has eroded the effectiveness of the safety net. It is only with the full economic and fiscal powers of an independent nation that we can use all the levers other governments have to tackle inequalities in Scotland.”

Social Security in an independent Scotland

Social Security in an independent Scotland

Plans to deliver a fairer system with more positive outcomes if Scotland becomes an independent country

Independence would give Scotland the opportunity to take a new approach to social security designed to be fairer, more dignified and more respectful according to a new paper published by Cabinet Secretary for Social Justice, Shirley-Anne Somerville.

The ninth paper in the Building a New Scotland series – Social Security in an independent Scotland – sets out how the UK Government holds the majority of social security powers including low income and working age benefits. 

It evidences negative impacts of the UK Government’s current welfare policies on poverty levels, outlines the progress the Scottish Government has already made in creating a fairer system with limited powers, and demonstrates how an independent Scotland could go even further.

These include:

  • supporting and protecting everyone who needs financial help and support at any point in their lives
  • introducing early reforms to Universal Credit – removing the bedroom tax, benefit cap, two child limit, ‘rape clause’ and young parent penalty which have all been introduced by the UK Government
  • working alongside wider labour market, health and social policies to create a stronger and more dynamic economy like comparable European countries
  • stopping the rollout of changes to the delivery of reserved ill-health and disability benefits introduced as a result of the UK Government’s Health and Disability White Paper
  • moving towards a new system grounded in adequacy, such as a Minimum Income Guarantee, to ensure that everyone could have a decent level of income and live with dignity

Ms Somerville said: “With independence, we believe Scotland can do better. With limited powers, the Scottish Government has already demonstrated that things can be done differently with an approach to social security that treats people with dignity, fairness and respect.

“An estimated 90,000 fewer children are expected to live in relative and absolute poverty this year as a result of actions we have taken.

“With the powers of an independent nation, Scotland could do more to make our system fairer and move away from the UK Government’s system of benefit freezes, caps and punishment.  We could move away from the UK Government’s system that offers inadequate levels of financial support and is pushing people into poverty.

“The best-performing independent countries comparable to Scotland demonstrate that a strong social safety net is a foundation of a dynamic, innovative and productive economy, rather than a barrier to it.

“We can become a stronger, fairer and more prosperous country – this government believes that independence is the best route to getting there.”

Protecting migrants’ rights in an independent Scotland

Proposal to create Migrants’ Commissioner

An independent Migrants’ Commissioner would stand up for the rights of people who have moved to an independent Scotland, under Scottish Government proposals.

The latest ‘Building a New Scotland’ prospectus paper, which focuses on citizenship in an independent Scotland, sets out how a commissioner could advocate for migrants, including protecting the rights of EU citizens.

The creation of an independent Migrants’ Commissioner was a key recommendation of the Windrush Lessons Learned Review and would bring Scotland into line with countries like Germany. The UK Government has declined to implement this recommendation.

Social Justice Secretary Shirley-Anne Somerville said: “Migrants are an important part of the fabric of Scottish society – enriching our culture, boosting our economy and contributing to our communities.

“After independence, this government would appoint a Migrants’ Commissioner to speak up for individuals and families, including the hundreds of thousands of EU citizens who call Scotland home, to ensure migrants’ voices are heard at the highest level.

“Unlike the UK Government, who rejected the Windrush review’s recommendation to establish this role, we are committed to protecting the rights and equality of migrants – alongside all our citizens – in an independent nation.

“Under our proposals, it will be up to individuals to decide whether Scottish citizenship is something they want to pursue, but we are clear that people from around the world will always be welcome in Scotland.”

Citizenship in an independent Scotland

First Minister outlines who may be eligible for Scottish citizenship

Scotland could take a fairer, and more welcoming approach to citizenship as an independent nation, according to a new paper published by First Minister Humza Yousaf.

‘Citizenship in an independent Scotland’, the fifth paper in the Building a New Scotland series’, sets out who could automatically become a citizen of an independent Scotland, and the pathway for others to qualify for Scottish citizenship, including those with a close and enduring connection to Scotland.

Other proposals in the paper include a fairer fee system for citizenship applications, based on cost recovery rather than revenue generation, and a commitment to establish an independent Migrants’ Commissioner – a key recommendation of the Windrush Lessons Learned Review.

The First Minister held a roundtable discussion at National Records of Scotland’s New Register House where he discussed the paper with representatives from migration policy organisations and individuals who may be eligible for citizenship under these proposals.

First Minister Humza Yousaf said: “In this country, we are used to feeling a mix of identities. As a proud Scottish Pakistani, that’s something I understand and respect, and the policies in this paper would not require anybody to choose between being Scottish, British, or any other nationality.

“Instead, this paper proposes an open and inclusive approach to citizenship. One that welcomes people who want to settle in Scotland, rather than putting barriers and excessive fees in the way of individuals and their families.  

“With our aging population, Scotland faces an urgent demographic challenge. That’s why we want to welcome more people, to join those who have already settled in communities across our country and are contributing to a better economy, higher living standards, and stronger public services like our NHS.

“Scottish citizens could also enjoy benefits such as the right to hold a Scottish passport, continued freedom of movement within the Common Travel Area, and eventually, following our commitment to re-join the EU as an independent nation, resumed rights as EU citizens.

“I hope this paper will help to answer questions people might have about citizenship in an independent Scotland, and I look forward to hearing people’s views on our proposals.”

Building a New Scotland: Citizenship in an independent Scotland

Building a new Scotland: Embedding rights into the Constitution

First Minister: Equality and rights at the heart of an independent Scotland’s Constitution

An independent Scotland would have a constitution based on the sovereignty of the people and reflect Scotland’s values as a modern, democratic European nation from day one, according to plans outlined by the First Minister Humza Yousaf.  

The fourth paper in the ‘Building a New Scotland’ series, sets out how a written constitution developed by the people in Scotland could put rights and equality at its heart, including by protecting the right to strike and giving constitutional recognition to the NHS. 

Speaking at the launch of the new prospectus paper, First Minister Humza Yousaf said: “This fourth publication in the ‘Building a New Scotland’ series sets out the Scottish Government’s proposals for how people in Scotland can create a written constitution that puts democracy, rights and equality at the heart of everything we do as an independent country.  

“To be a success, our written constitution must be one that the people in Scotland believe in, giving them the direct opportunity to shape and build a better country. It must also have the collective authority of the nation, so that those in power accept that, under the constitution, they are accountable to the people.  

“Independence would give Scotland the ability to create a constitution that provides recognition of the NHS in Scotland, giving people the right to access a system of health care, available free at the point of need.

It would allow Scotland to continue its progressive approach to human rights and equality, without the current restrictions of the devolution settlement and without the threat of the UK Government overruling our decisions or unwinding our advances.

This would ensure that our human rights and equality protections could cover all policy areas, including those currently reserved. 

“With independence, we can build a better country on that fundamental right of every person in Scotland to be treated equally, and with a written constitution, Scotland can build a new home for democracy, rights and equality.” 

The Scottish Conservatives, the main opposition party at Holyrood, are unsurprisingly less than impressed with the SNP’s priorities.

They say the Scottish government is spending over £1.4 million of taxpayers’ money to fund independence campaigning. The Tories believe this is a waste of public money when our NHS and schools are struggling.

First Minister’s speech – 19 June 2023 

Paper: Creating a modern constitution for an independent Scotland 

A written constitution for Scotland?

Right to healthcare, strikes and an adequate standard of living proposed

A written constitution developed by the people in Scotland and their elected Parliament would help a newly independent Scotland take on the challenges of the future, according to First Minister Humza Yousaf.

Speaking ahead of the launch of the latest ‘Building a New Scotland’ prospectus paper detailing the plans, the First Minister said the drafting of a new constitution would enable people in Scotland to shape the new country.

The Scottish Government favours a constitution which would include:

  • recognition of the NHS in Scotland, giving the right to access a system of health care, available free at the point of need
  • stronger protections for human rights and equality, including upholding and fulfilling the right to an adequate standard of living as defined by the Universal Declaration of Human Rights
  • the right for workers to take industrial action
  • a constitutional ban on nuclear weapons being based in Scotland

The fourth paper in the ‘Building a New Scotland’ series will set out more details on the proposals and the evidence that informs them. 

First Minister Humza Yousaf said: “Our proposals would provide an opportunity for people in Scotland to shape the newly independent country and create a permanent, modern, written constitution to describe the type of country Scotland would be and how it would be governed.

“Successive UK Governments have taken Scotland in the wrong direction and with independence we would radically shift where power lies and put it back in the hands of the people who live in Scotland.

“The constitution would set out how democracy, rights and equality would be at the heart of everything we do as an independent nation.

It will see the introduction of a constitutional right to heath care available at the point of need, a right to an adequate standard of living as defined by the Universal Declaration of Human Rights and protection for workers to take industrial action. And, what we will not see under these proposals, are nuclear weapons on the Clyde. This proposed constitution would ban nuclear weapons from an Independent Scotland.

“With rights in Scotland under threat as never before, because of the actions of the UK Government, and the Scottish Parliament being undermined, independence has never been more urgent or essential.” 

Building a New Scotland series  

The previous three papers have set out evidence showing independent countries comparable to Scotland are wealthier and fairer than the UK; how Scottish democracy can be renewed with independence;  and the macroeconomic framework, including currency arrangements, for an independent Scotland.