Labour slam lack of SNP movement on children's rights bill after Supreme Court defeat

Scottish Labour have attacked the SNP for “dragging their feet” on bringing back to Holyrood a key children’s rights bill that was the subject of a high-profile Supreme Court defeat for the government.

The criticism comes exactly a month after the Scottish Government was told its Bill, which sought to incorporate the United Nations Convention on the Rights of the Child (UNCRC), went beyond the powers available to the Scottish Parliament.

MSPs unanimously passed the Bill in March, but the UK Government referred it to the Supreme Court due to concerns around the drafting of the legislation.

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Close to six-figure sum spent by Scottish Government on children's rights bill d...
First Minster Nicola Sturgeon has been criticised for a lack of movement around the UNCRC bill.First Minster Nicola Sturgeon has been criticised for a lack of movement around the UNCRC bill.
First Minster Nicola Sturgeon has been criticised for a lack of movement around the UNCRC bill.

The judgment sparked a constitutional row after the Supreme Court ruled the act had been drafted “deliberately” in a way that was beyond the legislative competence of Holyrood.

Opposition parties said the ruling proved the Scottish Government had sought a dispute with the UK Government ahead of the election in May, while the SNP and Greens attacked what they claimed was an overly narrow interpretation of the Scotland Act.

Following the defeat, Deputy First Minister John Swinney reiterated the Scottish Government’s commitment to the Bill and said it would return to Parliament as soon as possible.

However, Sarah Boyack, Scottish Labour’s constitution spokesperson, criticised the Government for a lack of action and called on the bill to be put to MSPs as soon as possible.

She said: “It’s now been a month since the Supreme Court made their ruling. In that time we’ve heard plenty of sniping and political attacks from the SNP, but not a word on when they will bring the Bill back to Parliament.

“It is not acceptable that after so much talk, we’re still waiting for action. The more they drag their feet, the more it confirms suspicions that this was little more than an exercise in grievance stoking.”

The MSP added: “As the SNP and the Tories focus on playing political games, it is children who are losing out.

“The SNP must drop the shameful posturing and prioritise fixing and implementing this crucial legislation as a matter of urgency.”

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Responding to the Labour criticism, the Scottish Government said it was “urgently and carefully considering” the judgment of the court and would bring the Bill back to Holyrood “in due course”.

A spokesperson said: “We remain committed to the incorporation into law of the United Nations Convention on the Rights of the Child to the maximum extent possible as soon as practicable.

“We are urgently and carefully considering the implications of the Supreme Court judgment and how best to take forward incorporation. We are undertaking engagement with stakeholders, and the Deputy First Minister will come back to the Parliament in due course with our proposals in light of UK Supreme Court decision.

“While the judgement means that the UNCRC (Incorporation) (Scotland) Bill cannot receive Royal Assent in its current form, the majority of work in relation to implementation of the UNCRC can and is continuing.”

The Scotsman revealed on Friday the Scottish Government spent a close-to six figure sum defending the Bill at the Supreme Court, spending £97,850 on external legal advice and services.

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