Chamber and committees

In March 2021, the Scottish Parliament unanimously passed the UNCRC (Incorporation) (Scotland) Bill (the “Bill”), which aims to incorporate the UN Convention on the Rights of the Child into Scots law to the maximum extent possible within the powers of the Scottish Parliament. The UK Government challenged the legislative competence of certain provisions of the Bill in a reference to the UK Supreme Court. A hearing was held on 28 and 29 June 2021 and judgment is awaited.

The Scottish Government remains committed to the incorporation of the UNCRC to the maximum extent of the Parliament’s powers and to commencement of the Bill as soon as possible. Whilst the reference means that the Bill cannot receive Royal Assent at this stage, the majority of work in relation to implementation can and is continuing, consistent with the fact that the case is before the UK Supreme Court.

• We are investing in a £4 million programme over three years to help to ensure public services are consistently upholding children’s rights
• The UNCRC Strategic Implementation Board has been meeting monthly since 1 July 2021 to provide strategic vision and oversight of a comprehensive and joined-up implementation programme
• A UNCRC Implementation Guidance Reference Group has been established comprising of key partners, and has been meeting fortnightly since 17 May 2021 to assist Scottish Government in developing non-statutory guidance to assist public authorities and those undertaking functions of a public nature to fulfil the UNCRC
• To support the meaningful and inclusive participation of children and young people in the UNCRC Strategic Implementation Board and wider implementation programme, we are working to establish a consortium of organisations that have strong, trusting relationships with children and young people across Scotland