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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 19 July 2025
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Displaying 916 contributions

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Meeting of the Parliament

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

Meeting date: 7 December 2023

Meghan Gallacher

Thank you, Presiding Officer. They do not want to hear it, but it is fact.

Had the Scottish National Party got things right almost three years ago, we would already have known what listed authorities are doing and are planning to do to improve the rights of children.

We have not lodged any amendments on this matter, but it is important to highlight that point.

Meeting of the Parliament

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

Meeting date: 7 December 2023

Meghan Gallacher

The reconsideration of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill has been two long years in the making. Before I get into the cut and thrust of the bill, it is important to draw members’ attention to the progress that has been made to improve children’s rights across our United Kingdom.

Although the UNCRC was introduced in Scotland on 1 September 2020, its original journey began in 1991, before the creation of the Scottish Parliament and—without trying to make anyone in the chamber feel old—before I or any of the young people in the public gallery were born.

I will briefly address the wonderful young representatives who are in the chamber this afternoon. Today is for you because, if the bill passes, it will incorporate children’s rights into devolved Scottish law. It is a milestone on Scotland’s journey towards making rights real in practical terms and it will add to the existing protections that are already in place.

However, this momentous occasion has not been an easy process, and this is where I will be critical of the Scottish Government. The Scottish National Party ignore several warnings from the Scottish Conservatives that the original bill would not be lawful. However, the Scottish Government did not heed those warnings, and we found ourselves having to go through the courts to bring through legislation that is within the Parliament’s devolved competence.

Meeting of the Parliament

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

Meeting date: 7 December 2023

Meghan Gallacher

That is precisely right. The SNP must reflect on that today, because we are two years behind where we should be with this very important bill. Some of the young people who were involved with the UNCRC process in 2018 will probably no longer consider themselves to be young, because it has taken so long for us to get the bill back to the Scottish Parliament.

That being said, the Scottish Conservatives will be supporting the bill at stage 3 today. We know how much it means to children and young people across Scotland, because it incorporates into Scots law the United Nations Convention on the Rights of the Child, including political, economic, social and cultural rights. It places a legal duty on public authorities to act within UNCRC requirements, and it allows children, young people and their representatives to use the legal system to enforce their rights.

Even if it is passed today, the bill will probably not come without its challenges, and there are some outstanding questions. What happens next is the key one. Together Scotland has urged the Scottish Government to answer key questions that are still outstanding. One of them relates to the continuation of the UNCRC implementation programme. The three-year UNCRC implementation programme is set to conclude in March 2024. Together Scotland, alongside other organisations, has asked for that timeframe to be extended. That would allow time to include resources for children and young people, and for adults, to support them to understand their rights, and other measures to ensure a holistic approach that aligns with the existing policies and structures, such as the Promise and getting it right for every child. If the cabinet secretary could expand on that in her closing statement, it would put organisations’ minds at rest, as there is more to come following the bill. It is not just about the intent of the UNCRC but about the practical elements that will enforce the legislation, because they must also be upheld.

That brings me to my final point today. Time and again, we have heard that the bill will be transformational, and it will be. As a member of the Equalities, Human Rights and Civil Justice Committee, I heard the story of Shirley-Anne Spider, the cabinet secretary who created the web for the UNCRC to be built on. I am not sure that the cabinet secretary or I would ever have expected that type of imagery to be used, but it sends an important message.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

The key phrase in that quotation was “many aspects”.

The Roberton report sets out the extremely complex landscape of Scotland’s legal services regulation, which can often be difficult for the public to understand. Why is the bill making it even more complicated for members of the public to understand?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

No.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

That does not echo the evidence that we have heard in the committee so far. Is it fair to say that, as the bill stands—we have not seen amendments thus far—you have managed to upset all sides of the debate surrounding legal regulation in Scotland?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

How will striking the right balance be measured?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

On the back of the discussions that we have had, I am struggling to understand. There seems to be a chicken-and-egg situation here. We have had to take evidence on a bill that will be substantially amended. Minister, why did you think that it was appropriate for ministers to be directly appointed as a legal regulator? Why has there not been more engagement regarding the amendments? As Paul O’Kane rightly said, the devil is in the detail, but the committee does not know that detail and it seems that senior professionals in the legal field do not know that detail. If you had concerns back in August, when you were getting evidence in response to the call for views, why did you not begin engagement then? I feel that we are clambering around trying to find a way to scrutinise legislation that we will have to look at all over again when we come back after the new year.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

My question is on the issue that Maggie Chapman has raised about striking the right balance between the consumer and the legal profession. We have heard a lot about that this morning, but we have had no real explanation of how it is measured. We need the minister to explain that to the committee and the public. Will the minister summarise the reforms that the bill will bring in a way that will be easy for the public to understand? I am not sure that we are in that space yet, given the discussion that we have had this morning.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Meghan Gallacher

Minister, we heard from Esther Roberton last week. I am a little bit confused. Why, despite commissioning it, did the Government reject her report recommending a single legal regulator in Scotland?