Meeting of the Parliament (Hybrid) 23 March 2021
Those were helpful comments from the cabinet secretary. The issue arises as a consequence of the two bills before Parliament—the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, which was passed last week, and my bill. I think that they are the first two Scottish Parliament bills to incorporate international treaties. The policy intention of my bill is that, if Scotland wishes to be bound by the charter as it currently exists and as ratified by the UK, even if the UK decided in five years’ time to renounce articles 5, 6 and 7, Scotland would still be bound by those articles—they would remain part of Scots law and would be judiciable. That same argument applies to the UNCRC bill and would apply to any other bill that sought to incorporate international instruments.
It is a devolution issue—although that is perhaps a technical term—whereby there is an inherent risk if the Scottish Parliament decides to incorporate treaties and not have an automatic keeping pace power. That is not a good situation to be in, but I accept the cabinet secretary’s assessment of the risk, although I take a different view. The matter needs to be considered and clarified, and, if necessary, the devolution arrangements need to be modified to better enable the Scottish Parliament to decide by which international treaties and their parts it wishes to be bound.
I seek to withdraw amendment 1.
Amendment 1, by agreement, withdrawn.
Amendment 2 not moved.
Amendment 3 moved—[Aileen Campbell]—and agreed to.
Amendments 4 and 5 not moved.
Section 6A—Enhanced scrutiny of regulations under section 6(1)