Deputy First Minister John Swinney said the Scottish Government remained committed to incorporating the United Nations Convention of the Rights of the Child (UNCRC) into domestic law to the maximum extent possible – despite a UK Supreme Court ruling.
The UNCRC (Incorporation) (Scotland) Bill was backed unanimously by the Scottish Parliament in March, but could not be implemented because of a legal challenge brought by UK Government law officers.
The Supreme Court has now ruled that certain parts of the Bill fall outwith the competence of the Scottish Parliament.
Mr Swinney said the ruling exposes the limitations in the devolution settlement, but he pledged that protections in the Bill will go ahead.
The Deputy First Minister added: “While we fully respect the court’s judgment and will abide by the ruling, we cannot help but be bitterly disappointed. It makes plain that we are constitutionally prohibited from enacting legislation that the Scottish Parliament unanimously decided was necessary to enshrine and fully protect the rights of our children.
“The judgment exposes the devolution settlement as even more limited than we all – indeed the Scottish Parliament itself - had understood. It sets out new constraints on the ability of our elected Scottish Parliament to legislate to protect children’s rights in the way it determines.
“There is no doubt that the implications of this judgment are significant from a children’s rights perspective. This Bill will not now become law in the form which our Parliament agreed, but we remain committed to the incorporation of the UNCRC to the maximum extent possible as soon as practicable. Whilst the judgment means that the Bill cannot receive Royal Assent in its current form, the majority of work in relation to implementation of the UNCRC can and is continuing.
“The UNCRC is the most widely ratified international treaty, but very few countries have committed to take the journey that Scotland so clearly wants to take. To everyone who has walked with us this far on that journey, encouraging us along the way, I want to reassure you that we will reach our destination. This Government remains committed to the incorporation of the UNCRC to the maximum extent possible.
“There is no doubt that we may not yet wholly comprehend all the implications from this judgement – it will require careful consideration and I will keep Parliament updated.”
Children and Young People’s Commissioner Scotland Bruce Adamson said: “Scotland is committed to protecting the rights of children and young people.
“The Scottish Parliament was unanimous in its support for this law which would ensure that decisions are taken in children’s best interest; that children have a say in decision making; and that all available resources are used to the maximum extent possible to fulfil rights like education, health, and an adequate standard of living – and that there is accountability when things go wrong.
“The last 18 months have shown just how urgent it is to strengthen rights protections for children. We will work with the Scottish Government and the Scottish Parliament in its role as a Human Rights Guarantor to get this done as soon as possible.”
The Supreme Court also ruled that certain provisions in the European Charter of Local Self-Government (Incorporation) (Scotland) Bill are outwith the competence of the Scottish Parliament.
The Bill, which is intended to further strengthen the relationship between the Scottish Government and local government, started as a Member’s Bill and was passed unanimously by the Scottish Parliament in March 2021.
Edinburgh Pentlands MSP Gordon MacDonald has said being under Westminster control is threatening the rights of children across Edinburgh and only independence can ensure we protect everyone in Scotland from the Tories.
After a legal challenge by the Westminster Tory Government the UK Supreme Court ruled that the Scottish Parliament could not enshrine the United Nations Convention on the Rights of the Child (UNCRC) into Scots law, a bill that was unanimously passed by the Scottish Parliament. The judgement laid bare the limitations of the devolution settlement in Scotland.
On the same day, the Tories at Westminster cut Universal Credit by £20 a week, taking away from the most vulnerable at a time when they need it most.
Gordon MacDonald said: “The SNP Scottish Government introduced the UNCRC Bill to put the needs of children in Edinburgh and across Scotland at the very heart of every decision made by Government and local authorities.
“However, those noble intentions have been scuppered by the Westminster Tories challenge. The court judgment lays bare the limits placed on the Scottish Parliament and within the devolution settlement that we cannot introduce vital protections for our young people – leaving them at the mercy of a callous Tory UK government.
“We cannot trust the Tories to protect future generations in Scotland as they cut Universal Credit this week and plunge 20,000 children into poverty.
“Families across the city will face a decision of whether to heat their homes or feed their children as the cost of living skyrockets with energy bills increasing and food bills going up.
“The only way we can ensure we protect the future of Scotland from an uncaring Tory UK government is with the full powers of independence.”
The Scottish Conservatives reckon the SNP is playing political games. Sharon Dowey MSP said: It’s incredibly disappointing that the SNP think playing nationalist games with children’s rights is ok.
“Their portrayal of the Supreme Court judgement is not just petty, it’s detracting from a serious issue that affects kids up and down the country.”
