Meeting of the Parliament (Hybrid) 23 March 2021
I hope that I am at the right bit.
Mr Wightman’s amendments would also mean that there would still be a potential disconnect between the charter as incorporated by the bill and the charter as it exists as an international treaty and a set of international obligations to which Scotland, as part of the UK, is subject. Under Mr Wightman’s proposals, Scotland would potentially remain subject to both the charter as incorporated by the bill and the charter as it exists as an international treaty, although only the charter as incorporated by the bill would be legally enforceable at domestic level. That could cause confusion for ministers, local authorities and the courts. It is important to ensure that the legislation is clear and that there is no confusion as to how it might be used and interpreted in the future. Behind all of that, there is still a risk that the secretary of state could deploy his power under section 35 of the Scotland Act 1998 to prevent the bill from being submitted for royal assent.
Section 1(2A), as amended by amendment 3, is also consistent with the position adopted in the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and other pieces of legislation. I am aware that Andy Wightman does not agree with our assessment of the position. I reassure him that such was our sympathy with his amendments that we fully explored the possibilities. However, we cannot see a way to support the purpose of his amendments without legal risk. Therefore, I ask members to agree to amendment 3, in my name, and not to agree to amendments 1, 2, 4 and 5, in the name of Andy Wightman.