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by Chris Marshall
25 March 2021
UK Government raises concerns over Holyrood's UNCRC bill

UK Government raises concerns over Holyrood's UNCRC bill

The UK Government has expressed concern over recently passed legislation that it says falls "outwith the competence" of the Scottish Parliament.

Scottish Secretary Alister Jack has written to Deputy First Minister John Swinney amid legal concerns over the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill.

The bill incorporates the United Nations Convention on the Rights of the Child (UNCRC) into the law in Scotland.

Concerns have also been raised about the European Charter of Local Self-Government (Incorporation) (Scotland) Bill.

Jack said: “Our concerns with these bills are not based on policy. They have nothing whatsoever to do with the substance of the bills.

“It is for the Scottish Government to set policies in devolved areas, but the Scottish Parliament does not have the power to constrain the UK Parliament in the way that it legislates for Scotland. Nor can it place legal obligations on UK Government ministers acting in reserved areas.

“We have concerns that certain provisions in these bills are outwith the competence of the Scottish Parliament, and I have written to the Deputy First Minister to reiterate my concerns and set out the process going forward.”

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