Supreme Court Judgement on UNCRC (Incorporation) (Scotland) Bill

Date: 22nd October 2021
Category: Incorporation

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The judges unanimously decided that four sections of the Bill go beyond the powers of the Scottish Parliament.Together responded to the decision by coordinating a joint letter to the Scottish Government urging it to work at pace to address the Court’s concerns.

The Bill cannot enter into force until the UK Supreme Court’s concerns have been addressed and Royal Assent has been given. Accordingly, the Bill will be reconsidered by the Scottish Parliament in due course.

Together and 65 of our members sent a joint letter to the Deputy First Minister and Minister for Children and Young People asking the Scottish Government to work at pace to address the Court’s concerns.

Following on from this, Together’s members received a response from the Deputy First Minister. The response sets out Scottish Government’s disappointment with the ruling and highlights its undiminished determination to incorporate the UNCRC to the maximum extent possible and as soon as practicable. It also says that whilst Scottish Government carefully considers the implications of the judgment, officials will continue to deliver at pace the majority of work in relation to implementation of the UNCRC.

Read the Deputy First Minister’s response here.