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Reconsideration of the UNCRC (Incorporation) (Scotland) Bill

Letter from Deputy First Minister and Cabinet Secretary for Covid Recovery to the Convener of the Equalities, Human Rights and Civil Justice Committee, 23 February 2022

An Leas-phrìomh Mhinistear agus Ath-shlànachadh Cobhid
Deputy First Minister and Cabinet Secretary for Covid Recovery
John Swinney MSP

Joe FitzPatrick
Convenor
Equalities, Human Rights and Civil Justice Committee
Scottish Parliament

23 February 2022

Dear Joe,

I am writing to update you on some of the work that is ongoing in relation to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill.

As indicated in my letter to Committee on the 15th December there is very careful consideration underway on how to deliver UNCRC incorporation to the maximum extent possible while also addressing the Supreme Court’s decision and minimising the risk of further challenge.

One aspect which we have been pursuing is engagement with the UK Government to explore whether powers under the devolution settlement can be used to give the UNCRC Bill greater effect than is possible under the Scottish Parliament’s current powers. I enclose the correspondence between myself and the Secretary of State for Scotland in this respect. The Secretary of State makes it clear that he considers the current devolution settlement strikes the right balance and that amendments to the Bill and any other proposals would need to be within the parameters of the devolution settlement as it stands. However, engagement between officials is welcomed and I have instructed my officials to engage further on this matter to ensure any opportunities to maximise incorporation have been fully explored, including through use of the full range of current powers under that existing devolution settlement.

This will be carried out in tandem with the development of proposals for addressing the Supreme Court’s judgment within the existing powers of the Scottish Parliament by returning the Bill to Parliament via the Parliamentary ‘reconsideration stage’.

I will keep Parliament updated on the results of discussions and our progress towards reconsideration as soon as I am in a position to do so.

Yours Sincerely

John Swinney