SCOTTISH ministers yesterday warned the UK Government to “see us in court” as Westminster seeks to have a landmark child rights bill scrapped.

In a move branded “morally repugnant”, legal officers say MSPs may have gone beyond the Parliament’s powers. Nicola Sturgeon has called the move “jaw dropping” while John Swinney described it as “deeply menacing”, saying: “If the Tories want to target the rights of Scottish children, then they can expect to see us in court.”

The UK Government believes parts of two Holyrood bills impinge on Westminster sovereignty. One incorporates the United Nations Convention on the Rights of the Child (UNCRC) into Scots law and the other does the same with the European Charter of Local Self-Government.

Both received cross-party backing in the Scottish Parliament last month. But the Supreme Court will now rule on their competence. If it finds against the legislation, it can send it back to MSPs to make changes.

Under devolution rules, Westminster leaders have four weeks after the passing of all Holyrood bills to determine whether or not to oppose the planned law, which must receive Royal assent to enter the statute books.

This is just the second time a Holyrood decision has been referred to the Supreme Court since the reinstatement of the Scottish Parliament 20 years ago. The first was in 2018 after MSPs passed a bill on the continuity of European Union law after Brexit. On that occasion, the bill was rendered defunct by the passing of further legislation at Westminster.

The latest challenge comes just three weeks before the Scottish Parliament election and has been met with strong condemnation from supporters of the reform.

Posting on Twitter, Sturgeon called the move “jaw-dropping”, saying: “The UK Tory Government is going to court to challenge a law passed by @scotparl unanimously. And for what? To protect their ability to legislate/act in ways that breach children’s rights in Scotland. Politically catastrophic, but also morally repugnant.”

But the UK Government has insisted its concerns “are not about the substance of the legislation, rather whether parts are outwith the legislative competence of the Scottish Parliament” – in disagreement with Holyrood’s Presiding Officer.

In a letter to Swinney last month, Scotland Secretary Alister Jack (below) said the UK Government had “concerns” about the legal obligations that the UNCRC bill “could be seen to place on UK Government ministers in reserved areas”.

The National:

He wrote: “The bill would affect the UK Parliament in its power to make laws for Scotland, which would be contrary to the devolution settlement.

“The UK Government respects the Scottish Government’s right to legislate on this matter in line with its responsibilities under the devolution settlement. What it cannot do is seek to make provision that constrains the UK Parliament’s ability to make laws for Scotland.”

Swinney said yesterday: “The bill is a massive shift in power out of the hands of ministers and into the hands of children themselves ... And it means the courts can order action wherever they find children’s rights have been breached.

“Not a single voice in the Parliament was raised against the bill. It passed unanimously. And, crucially, it has been certified independently by the Presiding Officer as being within the powers of the Scottish Parliament. Now, the Tory Westminster Government is trying to veto those rights. That is not just morally repugnant but it is also deeply menacing.

“The only people who need fear this bill are people who want to breach children’s rights. The only people who want to block this bill are people who know they are already breaking those rights.”

But a UK Government source told the BBC: “This delay to the legislation could easily have been avoided. Sadly, it appears the Scottish Government are more interested in stirring a constitutional row than getting the UNCRC bill into law at the first opportunity.”