TWO Scottish Government bills which the Tory government argued encroached on Westminster’s powers will be considered by the Supreme Court in the coming days.
Holyrood had wanted to incorporate the United Nations Convention on the Rights of the Child (UNCRC), and the European Charter of Local Self-Government, into law – but the Tories challenged the move, prompting allegations from Scottish ministers that their bid was “menacing” and a “blatant power grab”.
UK Government law officers referred the bills to the court because they considered they contained provisions outwith the legislative competence of the Scottish Parliament.
Five justices at the Supreme Court will hear references on the two bills – the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill and the European Charter of Local Self-Government (Incorporation) (Scotland) Bill – on Monday and Tuesday. UK Government sources said both would give Scottish courts extensive powers to scrutinise and interpret primary legislation passed by Westminster.
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They said some of the bills’ provisions would have to be “read down” – or interpreted – in such a way that would bring them within the Scottish Parliament’s remit, if possible. Next week they will seek guidance on its application.
The bill incorporating the UNCRC legally obliges public authorities – including government ministers – to respect the rights of children and young people. Nicola Sturgeon said last month that Westminster took issue with the bill because it did not want its decisions “on things such as immigration to be subject to that kind of legal protection and scrutiny”.
She said their legal action showed “why we need more powers being taken out of the hands of the Tory government … and put into the hands of this government and this parliament”.
During the election campaign, the First Minister described it as a “morally repugnant” move.
Introduced by Andy Wightman (above), the European Charter of Local Self-Government (Incorporation) (Scotland) Bill sets out some principles to protect the basic powers of local authorities.
The UNCRC is the most widely ratified of all human rights treaties in the world.
Bruce Adamson, the Children and Young People’s Commissioner for Scotland, has called its incorporation into Scots law , “the most important thing we can do to protect and uphold the rights of children and young people”.
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It would mean children would be able to take court action against fee-paying schools, childcare providers and other private-sector bodies that deliver public services if they infringe on their rights.
The bill prompted a Commons exchange last month between Glasgow North East SNP MP Anne McLaughlin and UK Justice Secretary Robert Buckland.
She accused Westminster of using the court to prevent the Scottish Government implementing human rights legislation, and asked: “Is the message to judges from the UK Government that they should just stay out of Downing Street’s business, but stand by if needed to prevent the devolved nations from implementing democratically agreed policy?
“How does the Secretary of State think that that will protect the Union?”
Buckland retorted: “That is a normal use of our constitutional devices to make sure that all parts of the kingdom, including the devolved administrations, legislate in a way that is consistent with the powers that they have.”
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