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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 21 July 2025
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Displaying 1502 contributions

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Equalities, Human Rights and Civil Justice Committee

Decision on Taking Business in Private

Meeting date: 31 October 2023

Kaukab Stewart

Good morning, and welcome to the 21st meeting in 2023 of the Equalities, Human Rights and Civil Justice Committee in session 6. We have received no apologies.

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

Members indicated agreement.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

I thank all of you for those opening comments.

To get us started, would any of you like to share your view of the Scottish Government’s approach in responding to the Supreme Court’s judgment and of its proposed amendments to the bill?

Jan Savage, I noticed that you said in your opening statement that you felt that that was the only way to proceed and that there were no alternatives. Could you offer a bit of insight into why you believe that so firmly and whether any alternatives were considered? We will hear from Jan first, but other members of the panel can indicate if they would like to come in.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

I invite Dr Andrew Tickell to speak.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

I will just jump back in for a moment. The bill’s provisions will commence six months after the bill receives royal assent. Is that sufficient time for duty bearers and rights holders to prepare for the amended approach before the legislation comes into force? I will ask Councillor Buchanan and then Derek Frew to respond to that.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

I will go to Derek Frew first, to be followed by Andrew Tickell and Tony Buchanan.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

I understand that there needs to be a balance between doing things quickly and doing them correctly and that the two are not necessarily the same thing, but I am mindful that we are taking evidence from duty bearers and rights holders about their views on implementation so that we can get an idea of what a realistic timescale might be. The committee can then take a view on that.

Derek Frew, do you have anything to add?

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

Does Fulton MacGregor have any supplementary questions, or is he satisfied with those answers? I see a thumbs up.

Before we close, I point out that this will be the main evidence-taking session on this subject. We had the earlier panel, and we will also be hearing from the cabinet secretary. Do you think that that represents sufficient scrutiny of the amendments? If not, what advice would you give us and what thoughts would you share with us in that respect? Should we hear from any other witnesses? Any comments on that would be really helpful to the committee.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

That might be a good question for Fiona Menzies to come in on.

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

The Scottish Government has committed to a three-year implementation plan. Is that reasonable and realistic, bearing in mind what you have just said about the need to get things right from the beginning to avoid litigation?

Equalities, Human Rights and Civil Justice Committee

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage

Meeting date: 31 October 2023

Kaukab Stewart

Thank you very much.

Andrew Tickell, let us come back to your opening statement. The committee welcomes your perspective on the bill. It is our job to scrutinise it in the widest possible sense, so we are on the same page.

What is your view of the Scottish Government’s approach to responding to the Supreme Court judgment and its proposed amendments? The general view of the previous panel of witnesses was that there is no alternative. Do you have a perspective on that?