The Bill incorporates the United Nations Convention of the Rights of the Child (UNCRC) into the law in Scotland.
This is a Government bill
The Bill became an Act on 16 January 2024
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill incorporates the United Nations Convention on the Rights of the Child (UNCRC) into the law in Scotland.
The UNCRC is an international human rights treaty that covers all aspects of children’s lives. It includes civil, political, economic and cultural rights.
The main purpose of the Bill is to “incorporate” the UNCRC, which means it will make it part of Scottish law.
The Bill also does things to make sure that the incorporation works. The Bill says that:
The Bill aims to ensure that:
The Bill aims to do this by incorporating the UNCRC into the law in Scotland. This would mean children’s rights are legally protected. Children, young people and their representatives could use the courts in Scotland to enforce their rights. The Bill seeks to make sure children’s rights are part of everyday life in Scotland.
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill as introduced (556KB, pdf) posted 01 September 2020
Explanatory Notes (491KB, pdf) posted 07 September 2020
Policy Memorandum (783KB, pdf) posted 07 September 2020
Financial Memorandum (210KB, pdf) posted 07 September 2020
Delegated Powers Memorandum (219KB, pdf) posted 01 September 2020
Statements on legislative competence (90KB, pdf) posted 01 September 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 1 September 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Equalities and Human Rights Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 19 January 2021 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 19 January 2021
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 11 February 2021.
Marshalled List of Amendments for Stage 2 (209KB, pdf) posted 08 February 2021
Groupings of Amendments for Stage 2 (216KB, pdf) posted 08 February 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (207KB, pdf) posted 12 March 2021
Revised Financial Memorandum (157KB, pdf) posted 03 March 2021
Revised Delegated Powers Memorandum (94KB, pdf) posted 15 March 2021
The Delegated Powers and Law Reform Committee published a report on 16 March 2022 on the Bill after Stage 2 amendments.
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Stage 2 report
The Bill ended Stage 2 on 11 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 16 March 2021.
Marshalled List of Amendments for Stage 3 (198KB, pdf) posted 10 March 2021
Timed Groupings of Amendments for Stage 3 (208KB, pdf) posted 10 March 2021
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 114 for, 0 against, 0 abstained, 15 did not vote Vote Passed
See further details of the motion
The Supreme Court has ruled that some of the things this Bill sets out to do are not within the powers of the Scottish Parliament. Because of this, the Bill cannot become law in its current form.
The Bill ended Stage 3 on 16 March 2021
Following a challenge by Law Officers or the Secretary of State, the Parliament may decide to reconsider a Bill. The main purpose of a Reconsideration Stage is to allow the Bill to be amended to remove the basis on which it was blocked. Further "amendments" (changes) can be submitted, MSPs then debate and vote on whether to approve the Bill.
After the Bill was passed it was referred by the Law Officers to the Supreme Court under Section 33 of the Scotland Act 1998. The Supreme Court then ruled that some of the things the Bill set out to do were not within the powers of the Scottish Parliament. The Bill as passed at Stage 3 could therefore not be sent for Royal Assent.
MSPs debated whether to reconsider the Bill following the Supreme Court ruling.
The Equalities, Human Rights and Civil Justice Committee looked at the Bill and the proposed amendments.
The MSPs also received video evidence from children and young people.
Watch the video produced by Children and Young People Scotland Commissioner's Young Advisors
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Letter from the Cabinet Secretary for Social Justice to the Convener of the Equalities, Human Rights and Civil Justice Committee, 28 November 2023
Letter to the Cabinet Secretary for Social Justice from the Convener of the Equalities, Human Rights and Civil Justice Committee, 17 November 2023
Letter to Gina Wilson, Head of Strategy, Children and Young People's Commissioner Scotland from the Convener of the Equalities, Human Rights and Civil Justice Committee, 17 November 2023
Letter to Juliet Harris, Director, Together (Scottish Alliance of Children's Rights) from the Convener of the Equalities, Human Rights and Civil Justice Committee, 17 November 2023
Letter to the Cabinet Secretary for Social Justice from Juliet Harris, Director, Together (Scottish Alliance for Children's Rights), 27 October 2023
See a full list of Reconsideration Stage correspondence for this committee
Documents with the amendments considered at the meeting held on 7 December 2023.
Marshalled List of Amendments for Reconsideration Stage (233KB, pdf) posted 04 December 2023
Groupings of Amendments for Reconsideration Stage (336KB, pdf) posted 04 December 2023
At Reconsideration Stage, once MSPs have decided on the amendments, they debate whether to approve the amended Bill.
Result 117 for, 0 against, 0 abstained, 12 did not vote Vote Passed
See further details of the motion
The Bill ended Reconsideration on 7 December 2023
The Bill was approved on 07 December 2023 and became an Act on 16 January 2024
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024