The UK Supreme Court has determined that parts of two Scottish Government Bills were outside the legislative competence of the Scottish Parliament.
The judgment follows the UK Law Officers’ (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-Government (Incorporation) (Scotland) Bill.
“The UK Government’s concerns with the bills were not about their policy objectives, but that they would place legal obligations on UK Government Ministers in reserved areas and affect UK Parliament in its ability to make laws for Scotland,” the government said.
Scottish Secretary Alister Jack said: “I welcome the UK Supreme Court’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 Government to address any competence concerns with future Scottish Parliament legislation,” he added on October 6.
Following the Court’s judgment, it is for the Scottish Government to consider their next steps if they wish the Bills to proceed to Royal Assent.
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