Supreme Court rules in favour of UK 바카라 사이트
The UK Supreme Court today (6 October 2021) determined that parts of two Scottish 바카라 사이트 Bills were outside the legislative competence of the Scottish Parliament.
The judgment follows the UK Law Officers바카라 사이트™ (the Advocate General for Scotland and the Attorney General) referral of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and the European Charter of Local Self-바카라 사이트 (Incorporation) (Scotland) Bill.
The UK 바카라 사이트바카라 사이트™s concerns with the bills were not about their policy objectives, but that they would place legal obligations on UK 바카라 사이트 Ministers in reserved areas and affect UK Parliament in its ability to make laws for Scotland.
It is important that all legislation clearly reflects the competence and roles of Scotland바카라 사이트™s two parliaments and governments. The UK 바카라 사이트 has been clear that it is the responsibility of both governments as lawmakers to propose legislation that is clear and unambiguous.
Scottish Secretary Alister Jack said:
I welcome the UK Supreme Court바카라 사이트™s decision, which provides vital legal clarity on these two bills.
As set out in the Scotland Act 1998, the Scottish Parliament cannot legislate outwith its areas of competence.
As we have been clear, our concerns were never to do with the policy of the Bills, but about whether they are within the legislative competence of the Scottish Parliament.
We will continue to work collaboratively with the Scottish 바카라 사이트 to address any competence concerns with future Scottish Parliament legislation.
Following the Court바카라 사이트™s judgment, it is for the Scottish 바카라 사이트 to consider their next steps if they wish the Bills to proceed to Royal Assent.
The UK Law Officers referred the bills to the UK Supreme Court using powers set out in the Scotland Act 1998. In advance of that, the Secretary of State for Scotland had written to the Scottish 바카라 사이트 to highlight our concerns and suggest remedies.
The UK 바카라 사이트 is committed to protecting children바카라 사이트™s rights, and the legal protection for vulnerable children in England is frequently recognised as being amongst the strongest in the world. The UK 바카라 사이트바카라 사이트™s commitment to the UNCRC is already reflected in legislation. The Children Act 1989 and Children Act 2004, for example, set out a range of duties to safeguard and promote the welfare of children.
In 2014 the Council of Europe reported that local government in the UK in general complies with the obligations under the European Charter of Local Self 바카라 사이트, and the UK 바카라 사이트 remains committed to fulfilling the Charter obligations.