JOHN Swinney has accused the UK Government of threatening to “trample over devolution” with a legal challenge to a Holyrood Bill on improving children’s rights.
The Deputy First Minister hit out after Scottish Secretary Alister Jack warned on Wednesday that the Bill could be referred to the UK Supreme Court for a ruling on its competence.
Mr Swinney, who had refused to amend the Bill after Mr Jack raised concerns about it in private, said that amounted to a “blatant power grab” which disrespected Holyrood.
A Whitehall insider said Mr Swinney’s response had been anticipated and questioned if the SNP had refused to amend the Bill with one eye to generation an election campaign row.
The Bill, which incorporates the UN Convention on the Rights of the Child (UNCRC) into Scots Law, was passed unanimously by MSPs last week.
It is intended to give enhanced legal protection to children by obliging public authorities to respect their rights and comply with UNCRC requirements.
However during its passage the Law Society of Scotland and Tory MSPs warned parts of it could stray into areas reserved to Westminster, creating legal difficulties.
But Mr Swinney refused to alter the sections concerned, saying to do so would seriously weaken the Bill, and said Mr Jack previous requests for changes was “menacing”.
READ MORE: UK Government in 'menacing' legal challenge to Holyrood Bill
As a result, Mr Jack wrote to Mr Swinney last night to warn him UK law officers were now considering referring the Bill to the UK Supreme Court for a definitive ruling.
He said there were concerns that sections “would affect the UK Parliament in its power to make laws for Scotland, which would be contrary to the devolution settlement”.
If the Bill was referred it would stop it receiving Royal Assent and becoming law, and the justices could either uphold it or refer it back to Holyrood to be amended.
The only other time this has happened in the history of devolution was in 2018 when Holyrood passed a Bill about the continuity of EU laws after Brexit.
Mr Swinney said today: “Once again, we are seeing the tale of two governments play out in front of us, with the one in Holyrood passing landmark legislation to incorporate children’s rights into decision-making and the Tories at Westminster threatening to rip the Bill up in a blatant power grab.
“The UNCRC bill passed with cross-party support last week and was widely celebrated - so it is quite extraordinary that Alister Jack is now threatening to trample all over devolution and block this landmark legislation that puts children’s rights at the heart of all our decision-making.
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“Power grabs have been par for the course with this UK Tory government as they continue to undermine the devolution settlement - it's abundantly clear they have no respect for our Scottish Parliament.
“In the same week the SNP passed the world-leading UNCRC bill - the Tories were beefing up their nuclear arsenal, committing to trade deals with countries found guilty of committing genocide, and setting out cruel asylum plans which could break international law. The contrast between the SNP’s optimistic plans for the future of Scotland and the Tories miserable efforts to tear down our rights could not be clearer.
“In six weeks, Scotland faces a choice at the election, whether to put Scotland’s future into Scotland’s hands and elect a government that puts our children first - or into the hands of Boris Johnson.”
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