This new report, written by legal and policy experts from England, Scotland and Wales, suggests recent decisions by the UK Supreme Court have introduced new and unexpected constraints on devolved law-making. 

The decisions arose from reference cases on the Scottish Continuity Bill and Bills to embed the United Nations Convention on the Rights of the Child (UNCRC) and the UN Charter on Local Self Government into Scots law. The Court’s interpretation of Section 28(7) of the Scotland Act 1998 resulted in these Bills being significantly narrowed. 

The narrow scope of the UNCRC Act has generated knock-on effects for new legislation. 

This includes the Bill designed to implement some of “the Promise” made by then First Minister Nicola Sturgeon, that Scotland’s children and young people grow up loved, safe and respected so that they realise their full potential, and that care experienced adults and families have the support they need to thrive. 

The report sets out the meaning of the judgments, the resulting uncertainties and complexities in some devolved laws, and the limitations of various technical workarounds. Further, it offers practical solutions to restore the authority of the devolved legislatures and ensure coherence in the law on devolved matters. 

Read the full report on Conditioning Power: Devolved Law-Making after the Supreme Court’s s.28(7) Rulings