Seòmar agus comataidhean

We have another question from Tess White.

This is a very impassioned inquiry, and I acknowledge the feelings on it, but I ask that we allow people to answer the questions without interruption.

We move on to questions on the Children (Scotland) Act 2020.

Good morning and welcome to the 28th meeting of 2024, in session 6, of the Equalities, Human Rights and Civil Justice Committee. There are no apologies.

Our first agenda item is a decision on whether to take item 3, which is consideration of today’s evidence, in private. Do members agree to do so?

Members indicated agreement.

Our second agenda item is to take evidence on the delay in implementation of all or some of the provisions of the following three acts: the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020; the Children (Scotland) Act 2020; and the Domestic Abuse (Protection) (Scotland) Act 2021. I welcome to the meeting Jamie Hepburn, Minister for Parliamentary Business, who is accompanied by Jeff Gibbons from the criminal justice division, Simon Stockwell from the family law unit, and Nel Whiting from the violence against women and girls unit. Good morning and thank you for joining us.

I refer members to papers 1 and 2, and I invite the minister to make a brief opening statement before we move to questions.

Thank you, minister. That was really helpful.

We move to questions from committee members, and I will ask the first question. What caused the initial delay in implementing the female genital mutilation act? At first, we heard that the delay was caused by the pandemic and that it was possibly due to the level of resources within the Scottish Government.

Maggie Chapman has a supplementary.

We now move on to questions on the Domestic Abuse (Protection) (Scotland) Act 2021. I call Pam Gosal.

Are members content that they have asked the minister and his officials everything that they would like to ask?

I thank the minister and his officials for joining us. We now move into private session to consider the remaining items on our agenda.

I ask for members’ patience as I talk with this raspy voice today.

It is a pleasure to have the opportunity to speak in the chamber on human rights day. Human rights are often spoken of in grand terms, but at their core, they are about the basics of how we treat one another. They are about ensuring that, no matter who someone is, they can live with dignity and have their voice heard and their needs met. For me, that is what makes human rights not just a policy issue but a matter of justice and fairness.

Scotland has made real strides in human rights. We have championed equal marriage, set up the Scottish Human Rights Commission and worked to incorporate the United Nations Convention on the Rights of the Child into our laws. Those achievements did not happen by accident; they happened because we chose to put people and their rights first. However, time and again, we have hit the same wall—our constitutional limitations.

Take the UNCRC bill: the Parliament unanimously backed legislation to protect the rights of every child in Scotland, but Westminster challenged it. Parts of the bill were ruled to be outwith our competence, forcing us to dilute its scope. That was not a failure of the Scottish Parliament or of our Government—it was a failure of a system that prevents us from fully delivering what Scotland needs.

That is just one example. The gap between Scotland’s priorities and Westminster’s actions is widening. Brexit stripped us of the EU charter of fundamental rights. Discussions in Westminster about scrapping the Human Rights Act 1998 or withdrawing from the European convention on human rights send a chilling message about the direction of travel. While Scotland is trying to strengthen protections, we are left mitigating the damage caused by policies that we did not vote for.

That brings me to the proposed human rights bill. It is one of the most ambitious pieces of legislation that Scotland has ever considered. The bill is not about lofty ideals; it is about addressing the real, immediate challenges that people face every day. It aims to incorporate international treaties that recognise the rights to adequate food, housing, healthcare and a healthy environment. Those are fundamental rights that underpin a decent standard of living and a fair society.

The bill could be transformative for Scotland. It could provide a legal framework that protects people from discrimination and gives real meaning to the idea of equality. The Government has said that it will bring the bill forward in the next session. Although that is welcome, we cannot ignore the urgency of the issues that the bill is designed to address.

Let us be honest, Presiding Officer: even with that bill, we are still operating within limits. Until Scotland has full powers, we will continue to face barriers.

I acknowledge that the cabinet secretary is optimistic about the constructive working relationship that we hope to have with the new UK Government. I sincerely hope that we have some progress on that. However, for the ability to make decisions that work for Scotland and ensure that the rights of everyone in Scotland can be protected without interference or compromise, the ideal is Scottish independence.

This is not just about Scotland. On human rights day, we are reminded of our responsibility to contribute to the global effort to protect and uphold human rights. As part of the Council of Europe for 75 years, we have seen how international collaboration can strengthen democracy and the rule of law. Scotland has a role to play in that, but we need the powers to act as an equal partner on the world stage.

As we mark this occasion, we must recognise the progress that we have made but also the work that remains. Scotland has the ambition and the talent to be a leader in human rights, but we need the tools to deliver.

Legislation such as the human rights bill will be a vital step forward, and that must be met with the urgency that it deserves. However, if we are serious about protecting and advancing human rights, we must be serious about Scotland’s future as an independent country.