Committee
Equalities, Human Rights and Civil Justice Committee 07 November 2023
07 Nov 2023 · S6 · Equalities, Human Rights and Civil Justice Committee
Item of business
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Reconsideration Stage
Good morning, cabinet secretary and officials. On that point, on Friday, I had 19 primary school children in my constituency office, and it was inspiring. We should listen more to the clarity of children’s words. Some witnesses have suggested that, over time, more legislation could be brought within the scope of the UNCRC legislation. They have suggested ways to achieve that, such as applying UNCRC requirements to future bills, such as the Promise bill, and committing to minimising future Scottish Parliament amendments to United Kingdom acts. What is the Scottish Government’s long-term plan on UNCRC incorporation, given the narrower scope that it now has?
In the same item of business
The Convener
SNP
We now move to our fourth agenda item, which is our final evidence session on the United Nations Convention on the Rights of the Child (Incorporation) (Scotl...
The Cabinet Secretary for Social Justice (Shirley-Anne Somerville)
SNP
Thank you and good morning, convener. I am grateful for the committee’s careful consideration of this important bill. As the committee is well aware, the Un...
The Convener
SNP
Thank you very much, cabinet secretary, for that detailed and informative opening statement. The cabinet secretary will be aware of how keen I am to engage ...
Shirley-Anne Somerville
SNP
Thank you, convener, and I thank Arden for the question. Now that we have gone through the bill process, and as we look forward to what will come next, afte...
The Convener
SNP
We move to questions from my colleague Meghan Gallacher.
Meghan Gallacher
Con
Good morning, cabinet secretary and others on the panel. Last week, the committee heard from witnesses that they felt some frustration about the fact that i...
Shirley-Anne Somerville
SNP
Looking into the matter has been a complex process. One of the reasons for that—as I also said in my opening remarks—was very much our wish and desire to ens...
The Convener
SNP
Cabinet secretary, would you like to bring in Rachel Nicholson at this point? She has indicated that she might wish to speak, but it is up to you.
Shirley-Anne Somerville
SNP
Certainly—yes.
Rachel Nicholson (Scottish Government)
I want to come in on the first question, to point out that there are a number of provisions in the bill that will allow for children to be consulted on a sta...
The Convener
SNP
Thank you, Rachel. I move straight to Fulton MacGregor.
Fulton MacGregor
SNP
Good morning, cabinet secretary and officials. Cabinet secretary, the committee has already heard, in written evidence and in the oral evidence taken last w...
Shirley-Anne Somerville
SNP
We explored what could be done to achieve more coverage for UK acts in devolved areas within the compatibility duty. One example of how we sought to do that ...
Fulton MacGregor
SNP
Thank you for that very full answer. Building on that, as I said earlier, the approach that you have taken seems to have widespread support in the sector, pa...
Shirley-Anne Somerville
SNP
When the Supreme Court judgment came through, the Scottish Government asked the Secretary of State for Scotland to look into whether the current devolution s...
Paul O’Kane
Lab
Good morning. I am keen to understand some of the issues around the complexities and concerns that have been raised with us by the Convention of Scottish Loc...
Shirley-Anne Somerville
SNP
I very much recognise the points made in evidence that was given last week. My officials and I have been having the same types of discussions with public bod...
Paul O’Kane
Lab
I welcome the cabinet secretary’s undertaking to do that further work. Does she also recognise the concerns that have been raised around general resourcing ...
Shirley-Anne Somerville
SNP
We have recognised that putting the bill into practice once it becomes an act is important. A piece of legislation is just that: it is a piece of legislation...
Maggie Chapman
Green
Good morning; thank you for being here. I have a few questions on a couple of different areas, but I also want to give voice to one of the young people who h...
Shirley-Anne Somerville
SNP
I think that that question may be from one of the members of the Scottish Youth Parliament that I met last week. Forgive me if it was not but, if there are n...
Maggie Chapman
Green
I hear—and welcome—your clear intention to continue to keep young people involved in the process. Linked to that is an issue with the three-year implementat...
Shirley-Anne Somerville
SNP
As I mentioned to Mr O’Kane, decisions on future funding will be a matter for the budget process as we go forward, and I look forward to the committee and, i...
Maggie Chapman
Green
I heard your earlier responses to Paul O’Kane. However, this is about not just funding but using the funding that has already been or will be allocated in th...
Shirley-Anne Somerville
SNP
The issue is a consequence of the bill’s referral to the Supreme Court. For clarification, I should say to the committee that I intend to lodge an amendment ...
Maggie Chapman
Green
Thank you. I will leave it there for now, convener.
The Convener
SNP
I might pick up on the consequences of the referral and things that have had to be missed as a result, but I have another question to ask. It has been sugges...
Shirley-Anne Somerville
SNP
I would be very concerned if public authorities stopped taking a children’s rights approach when delivering their duties just because they are not in scope o...
The Convener
SNP
In an earlier answer you referred to the consequences of the referral of the bill to the Supreme Court. Apologies for taking you back a little bit, but I wan...
Shirley-Anne Somerville
SNP
I absolutely appreciate that children and young people in particular want us to just get on with it, as we were told at the Cabinet takeover, and I have kept...