UK Government raises legal challenge to two Holyrood Bills at Supreme Court

THE UK Government has mounted a controversial legal challenge to two Holyrood Bills, arguing parts of them are unsound and encroach on Westminster sovereignty.

The UK law officers yesterday referred the Bills – one on children’s rights, the other local government – to the UK Supreme Court for a ruling on their competence.

Deputy First Minister John Swinney called the challenge to the children’s rights Bill “morally repugnant” and said he would see the UK Government in court.

The referral means the Bills, which were both passed unanimously by MSPS last month, will not receive royal assent and become law until a decision.

The Supreme Court justices can either uphold the Bills or refer them back to Holyrood to be amended.

The Bills both try to incorporate outside standards into Scots law – the United Nations Convention on the Rights of the Child (UNCRC) and the European Charter of Local Self-government.

The UNCRC Bill is intended to improve legal protection for children by obliging public authorities to respect their rights and comply with the UNCRC.

The UK Government has objected to sections 6 and 19 to 21.

It says Section 6 seems to place obligations on UK ministers acting in reserved policy areas in Scotland, while 19-21 limit Westminster’s right to make laws for Scotland.

Secretary of State for Scotland Alister Jack asked the Scottish Government to amend the sections before the Bill went to final vote, but Mr Swinney refused, calling the request “menacing”.

Mr Swinney and Nicola Sturgeon have both condemned the UK Government’s request in the Holyrood election campaign, fuelling suspicions in Whitehall that SNP ministers cynically refused to change the law to generate a row.

The UK Government has also objected to Sections 4 and 5 of the European Charter Bill, which was introduced by former Green MSP Andy Wightman to protect the basic powers of local authorities.

The UK Government argues the sections would limit Westminster’s ability to make laws for Scotland.

Responding to the development, Mr Swinney said: “The [UNCRC] Bill is a massive shift in power out of the hands of ministers and into the hands of children themselves.

“It passed unanimously.

“Now, the Tory Westminster government is trying to veto those rights. That is not just morally repugnant but deeply menacing.

“So, if the Tories want to target the rights of Scottish children, then they can expect to see us in court.”

Scottish Labour leader Anas Sarwar said: “The Conservatives are bereft of compassion and have completely lost their way. We should be pulling together to build a fairer Scotland, not playing petty political games.”

A UK Government spokesperson said: “The UK Government Law Officers’ concerns are not about the substance of the legislation, rather whether parts are outwith the legislative competence of the Scottish Parliament.”