During the General Election campaign, Keir Starmer promised a "reset" of devolution. Now the King’s Speech has stated that the UK Government will “strengthen its work with the devolved governments… so that the best outcomes possible are delivered for citizens across the United Kingdom.”
For many of us working in policy areas that span devolved and reserved, this is music to our ears. We really hope that a new sensible era of intergovernmental relations is being ushered in. The boundaries of the Scottish Parliament's and Government's responsibilities have been in constant flux, causing frustration, with hints of opportunity but doors also slammed shut.
There can be no greater example of this than the UNCRC, the children’s rights bill. Children and young people from across Scotland campaigned tirelessly for this bill, putting their full effort behind it. It was finally, and unanimously, passed by the Scottish Parliament, and it is already having great impact for good. However, it is considerably reduced in scope - not due to anything about children’s rights per se -but due to a Supreme Court ruling about the limits of devolution, after a challenge by the then UK Government.
This is a devolution problem that has very directly limited the outcomes for children in Scotland.
What’s more, this devolution narrowing will also reduce the scope of the upcoming wider Scottish Human Rights Bill. The Scottish Government will soon introduce this bill to bring more of our international human rights into Scots law and to help make them a reality for everyone. It will enable public authorities to be held accountable for realising our economic, social, environmental and cultural rights. It will be a major step towards tackling poverty and improving public services, two of the First Minister’s priorities.
It would be highly regrettable if a completely solvable problem about the limits of devolution gets in the way of this bill being as effective as possible. This is why we have written to the Scottish Secretary Ian Murray to ask him to amend the Scotland Act at the earliest possible opportunity to restore and reset devolution.
But we are also urging the Scottish Government to keep its foot on the pedal. The Human Rights Bill’s introduction was delayed by the pre-election period. The Scottish Government promise was to get this bill passed before May 2026 so, even if bill implementation takes years, it needs to introduce it now before the clock runs out. Thousands of people have backed the development of this bill with their time and expertise because it was a promise, and we are relying on the Scottish Government to keep it and introduce the Human Rights Bill in September.
Communities across Scotland need both the Scottish Government and the new UK Government to do what they each can, and to also work together, for the better protection and realisation of human rights for everyone.
Mhairi Snowden is Director, Human Rights Consortium Scotland
Agenda is a column for outside contributors. Contact: agenda@theherald.co.uk
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