Shirley-Anne Somerville has claimed the UK Government’s “issues of the power of this Parliament” is holding up revised legislation to embed UN children’s rights into Scots law.
The Scottish Government’s Education Secretary has admitted that plans to redraw legislation on embedding the UN Convention on the Rights of the Child is taking longer than was hoped – but failed to set out a timescale.
But a UK Government source has suggested that Westminster is "still waiting for the Scottish Government to make the necessary changes" to the legislation.
The legislation was unanimously backed by MSPs in March 2021, but the UK Government launched an appeal in the Supreme Court The court ruled that parts of the Bill were incompatible with the Scotland Act and outside of Holyrood’s powers.
Read more: SNP trying to 'rewrite devolution' to fix flawed children's rights legislation
Ms Somerville said the Scottish Government is currently drafting detailed amendments to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill.
Scottish ministers have said they will bring the Bill back to Holyrood, and opposition MSPs have urged them to move faster.
Updating MSPs, the Education Secretary said: “The Scottish Government remains absolutely committed to including the United Nations Convention on the Rights of the Child Bill into law.”
She said discussions are ongoing with the UK Government and local authorities and the Scottish Government is examining detailed amendments to the Bill.
Labour’s Martin Whitfield quizzed the minister for more detail on how the talks with the UK Government are progressing.
Read more: SNP playing 'roulette' after five options set out to rewrite devolution settlement
Ms Somerville said the legal issues around the Bill are “exceptionally complex”.
She said: “I appreciate this has taken longer than any of us would have hoped.
“But particularly given the overall approach of the UK Government on issues of the power of this Parliament, I think it is very important we understand the views of the UK Government, we take time to ensure that we do and whether those have implications on how we amend the Bill.
“But I can assure the member that our programme of work to embed children’s rights continues at pace, and that is not reliant on the work of the Bill and that work is continuing.”
A UK Government source said: "It is the Scottish Government's responsibility to make sure legislation fits the devolved framework.
"Rather than deflecting blame on the UK Government, Scottish Government ministers should reflect on the fact that it is well over a year since the Supreme Court judgement.
"We are still waiting for the Scottish Government to make the necessary changes to the proposals."
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