Plans to put United Nations Convention on the Rights of the Child (UNCRC) into Scots Law to return to parliament
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THE Scottish Government is bringing back a plan to revamp Childrens' Rights in Scotland after a legal challenge.
The UNCRC (Incorporation) (Scotland) Bill passed through the Scottish Parliament in March 2021, but a UK Government challenge in October stopped it becoming law.
Deputy First Minister John Swinney has announced that the bill will return to the Scottish Parliament with changes made to avoid legal challenges.
The Bill is designed to build the United Nations Convention on the Rights of the Child (UNCRC) into Scots Law.
A challenge brought to the Supreme Court by the UK Government decided that implementing the UNCRC required powers that the Scottish Parliament does not have.
Mr Swinney said: “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.
“We sought support from the UK Government to make modest adjustments to the Scotland Act to address the issues with the devolution settlement that the Supreme Court ruling highlighted."
The troublesome part of the Bill involved changes to how Local Authorities were required to deal with breaches of children's rights.
However, a key part of the new plans, the European Charter of Local Self-Government (Incorporation) (Scotland) Bill, was ruled by the Supreme Court to be an issue reserved for Westminster.
The next stage for the bill will be a period of consultation with relevant organisations and children and young people on proposed changes to the Bill.
These will then be brought before Parliament via the Reconsideration Stage.
Mr Swinney said: "Despite their public commitment to engage constructively, this was rejected by the Secretary of State for Scotland.
“As a result, we will remove UK Acts from the remedial provisions within the Bill, which is a dilution of the effect of the legislation, and we will consult with children and young people on the proposed changes.
“It is disappointing that this 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.”
