Supreme Court strikes down Holyrood attempt to enshrine UN & EU child rights charters

Supreme Court judges have ruled that provisions in two bills passed by MSPs were beyond their devolved powers.

Days prior to the May elections, the Scottish Parliament unanimously backed both bills which aim to incorporate international treaties on children’s rights and local government in Scots law.

The bills will now return to the Scottish parliament to be reconsidered and amended by MSPs.

The first bill sought to enshrine the United Nations Convention on the Rights of the Child, which the Scottish government said would set a legal requirement for public authorities to comply with international standards on children’s rights.

The second was the European Charter of Local Self-Government, forwarded by Andy Wightman a former independent MSP.

UK law officers insisted the challenge was not based on the substance of the legislation – the UK is a signee of both treaties- but on its potential impact on Westminster’s ability to legislate for Scotland given that it would grant Holyrood “extensive powers to interpret and scrutinise primary legislation passed by the sovereign UK parliament”.

The Scottish government said blocking the bill would “limit the protections available for children and young people”.

Mr Wightman’s members bill will have to be taken on by another member of the Scottish parliament as he is no longer an MSP.