THE incorporation of the UN Convention of the Rights of the Child into Scots law is “virtue signalling” that will “make no difference”, a UK Government minister has said.
Boris Johnson’s government has chosen to invoke powers to challenge the Scottish Government in court over its plans to embed the UNCRC – the most widely-ratified of all human rights treaties in the world – into domestic legislation. That news came in a pre-election letter from Alister Jack and Nicola Sturgeon called the challenge “jaw-dropping”.
At the time, the UK Government had only ever made such an appeal to the Supreme Court once in the history of devolution and said the Scottish Parliament – where the law change attracted cross-party support and applause from children’s charities – was overstepping its powers. But today UK Justice Secretary Robert Buckland dismissed the Scottish legal move as “virtue signalling”.
The slam came in a Commons exchange with SNP MP for Glasgow North East, Anne McLaughlin (below).
Accusing Westminster of “using the court to prevent the Scottish Government from implementing human rights legislation”, she asked Buckland: “Is the message to judges from the UK Government that they should just stay out of Downing Street’s business, but stand by if needed to prevent the devolved nations from implementing democratically agreed policy? How does the Secretary of State think that that will protect the Union?”
He fired back: “Tempted as I am to talk about the particular issue that the honourable Lady raises, there is an ongoing Supreme Court reference.
“That is a normal use of our constitutional devices to make sure that all parts of the kingdom, including the devolved administrations, legislate in a way that is consistent with the powers that they have.
“That is what is happening; it is a very good example of a mature democracy in operation.
READ MORE: Why is the UK Government opposed to enshrining children’s rights?
“With regard to the honourable Lady’s underlying political point about the Scottish Government’s decision to legislate in that way, this country is among the leaders in the world in child safeguarding. No amount of virtue signalling about the incorporation of international conventions that will make no difference to the quality of safeguarding of children in our country will get away from that fact.”
McLaughlin asked again: “Did the Secretary of State really say that the incorporation of international conventions will make no difference to the quality of the safeguarding of children in our country?
“I have to ask, does he actually believe that and is it just this international convention or are they all as impotent as he appears to think this one is?”
He responded: “In a word, yes.”
Bruce Adamson, the Children and Young People’s Commissioner for Scotland, called the incorporation of the UNCRC into Scots law “the most important thing we can do to protect and uphold the rights of children and young people”.
Juliet Harris, director of Together, the Scottish Alliance for Children’s Rights, called the passing of the bill a “historic moment”.
READ MORE: Dr Tracy Kirk: Significance of children’s rights bill can’t be overstated
The UK Government says its concerns are “not about the substance of the legislation, rather whether parts are outwith the legislative competence of the Scottish Parliament”.
Last night McLaughlin said: “It tells you all you need to know about this arrogant Tory Government that it not only shamefully goes to court to prevent the rights of children from being brought forward, but it derides the international treaties used and respected the world over.
He went on: “Instead of withdrawing their menacing legal challenge to rob children of their rights, the Tories are shamefully doubling down.
“Even I was shocked today to hear the Secretary of State for Justice say that incorporating international treaties makes ‘no difference’. “
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