Chamber
Meeting of the Parliament (Hybrid) 02 September 2020
02 Sep 2020 · S5 · Meeting of the Parliament
Item of business
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill
The Government’s preferred policy would be to require all legislation—past and future—to be compatible with the UNCRC and for the courts to be required to strike down incompatible legislation.
I explained in my statement that there is a challenge regarding future legislation, and the bill provides for two different remedies in respect of any legislation that is found to be incompatible. For any primary legislation that predates the bill, the strike-down provision will exist for the courts. In any future legislation, the Government will be required to make a compatibility assessment of any new primary or secondary legislation to ensure that it is compatible with children’s rights.
In the same item of business
The Deputy Presiding Officer (Linda Fabiani)
SNP
Good afternoon, everyone. The first item of business this afternoon is a statement by John Swinney on the United Nations Convention on the Rights of the Chil...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney)
SNP
I am delighted to confirm that the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, which was introduced in the Parliame...
The Deputy Presiding Officer
SNP
The cabinet secretary will now take questions on the issues that have been raised in his statement. I will allow about 20 minutes for questions.
Jamie Greene (West Scotland) (Con)
Con
I thank the cabinet secretary for advance sight of his statement. Conservative members will fully support measures that protect and enhance the rights of ch...
John Swinney
SNP
I whole-heartedly agree with Jamie Greene that there will be “myriad technical ... questions”. I have wrestled with many of them in the course of the past co...
Mary Fee (West Scotland) (Lab)
Lab
I thank the cabinet secretary for early sight of his statement. As a long-standing supporter of incorporating the United Nations Convention on the Rights of...
John Swinney
SNP
First, I acknowledge the long-standing contribution that Mary Fee has made to the debate on incorporation, and the consistent support that she has given for ...
The Deputy Presiding Officer
SNP
We move to open questions. I would like to get them all in, so please be aware of the length of questions and answers.
Ruth Maguire (Cunninghame South) (SNP)
SNP
Can the cabinet secretary expand on how, in practice, the bill will help children to realise and enforce their rights? For instance, what support will be ava...
John Swinney
SNP
The bill will fulfil the objectives that Ruth Maguire asks about in two respects—first, by creating the opportunity for young people to challenge legislation...
Alison Johnstone (Lothian) (Green)
Green
I warmly welcome today’s announcement that the Government intends to incorporate the UNCRC into Scots law, which has been my party’s long-held policy. I than...
John Swinney
SNP
I welcome Alison Johnstone’s support, and I acknowledge the Scottish Green Party’s long-standing commitment on the issue. I am glad that we have got to the p...
Clare Adamson (Motherwell and Wishaw) (SNP)
SNP
One of the lesser-known provisions of the UNCRC relates to the prevention of accidents. Article 19 guarantees the right to protection from injury, and articl...
John Swinney
SNP
I acknowledge Clare Adamson’s long-standing interest in the subject. The bill should not be considered in isolation from the wider agenda that is best summed...
Alison Harris (Central Scotland) (Con)
Con
The cabinet secretary mentioned children challenging breaches of their rights in court. How does he envisage children paying for court action? The legal aid ...
John Swinney
SNP
A variety of approaches could be taken, not least the one that I gave in my earlier answer, which relates to the Children and Young People’s Commissioner’s a...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
I, too, fully welcome the announcement of the bill. Can the cabinet secretary set out how the incorporation of the UNCRC into Scots law will complement the ...
John Swinney
SNP
The fundamental additional element that will emerge from the passage of this bill will be the requirement on public authorities not to act incompatibly with ...
Pauline McNeill (Glasgow) (Lab)
Lab
Does the cabinet secretary agree that if the bill is to mean anything to children and young people it has to reach ordinary children and young people who do ...
John Swinney
SNP
There are two particular perspectives that I can give in response to Pauline McNeill’s question. One relates to the work that is undertaken in our education ...
Alex Cole-Hamilton (Edinburgh Western) (LD)
LD
I warmly congratulate the Government on lodging this bill, which is something that I have campaigned for for the past 20 years. Several members have alluded...
John Swinney
SNP
There are a couple of different dimensions to that question. One relates to the point that I have made to members on a number of occasions, which is about th...
Annabelle Ewing (Cowdenbeath) (SNP)
SNP
I welcome the cabinet secretary’s clarification that all devolved bodies, in addition to the Scottish Government and the courts, will be bound by the obligat...
John Swinney
SNP
The Government’s preferred policy would be to require all legislation—past and future—to be compatible with the UNCRC and for the courts to be required to st...
The Deputy Presiding Officer
SNP
I have decided to allow the last two questions. It will be helpful if members are succinct.
Jeremy Balfour (Lothian) (Con)
Con
Will the cabinet secretary set out any additional rights and protections that disabled children will receive in line with article 23?
John Swinney
SNP
Article 23 gives young people the opportunity to ensure that their own particular interests and perspectives can be fully respected. One criticism of the UNC...
Joan McAlpine (South Scotland) (SNP)
SNP
Does the cabinet secretary agree that it is crucial that this Parliament takes an outward-looking and international approach to human rights through UNCRC in...
John Swinney
SNP
One of the great strides forward that have been taken during my lifetime has been the enormous progress that has been made on human rights. Much of that has ...
The Deputy Presiding Officer
SNP
That concludes questions on the statement by John Swinney. I remind members that social distancing measures are in place across the chamber and the campus. ...