UNCRC Incorporation delayed by Supreme Court judgement

Today the UK Supreme Court ruled that four aspects of the UNCRC (Incorporation) (Scotland) Bill will need to be re-considered by the Scottish Parliament.Supreme Court logo

NDNA Scotland has joined with many voices across Scotland calling for this Bill to be given priority by the Scottish Government so children’s rights will be given the protection of the law as soon as possible.

Purnima Tanuku OBE, Chief Executive of NDNA Scotland, said: “While this may delay the full implementation of the Bill by the Scottish Parliament the Act will still go ahead once the issues have been addressed. It is important for early learning and childcare providers to be well prepared for this change in the law. 

“So many people and organisations have worked hard for the rights of the child in Scotland and ELC settings have taken a rights-based approach for years. We would now urge the Scottish Parliament to give this Bill priority so that children’s rights can be fully embedded into the fabric of Scottish society as soon as possible.”

The Scottish Parliament passed the UNCRC (Incorporation) (Scotland) Bill on the 16 March 2021. The legal challenge related to whether the Scottish Parliament had set out provisions which would impinge on matters which lie outside its legal powers. There were two broad principles of law raised:
  1. Whether certain provisions would affect the power of the UK Parliament to make laws for Scotland
  2. Whether certain provisions would exceed the legislative competence of the Scottish Parliament 

The Scottish Government will need to address the four issues raised by the Supreme Court before it can gain Royal Assent. 

The Act will still go ahead once these changes are made, so nurseries should still make use of NDNA’s helpful UNCRC Incorporation Toolkit which includes essential resources that nurseries will need very shortly and will be available at www.ndna.org.uk/uncrc

You can read the judgment here.