Chamber and committees

The consultation on the Rights of Children and Young People Bill proposed that Scottish ministers in conducting any of their functions should:

Identify the relevant rights and duties in the UNCRC and its Optional Protocols;

Consider whether alternatives exist which would better promote those rights and duties;

Consider whether any aspect of the decision might run counter to those rights and duties, and

Make their decision based on a proper assessment of the impacts of all the alternatives, taking account of all other requirements on them when making decisions.

The mechanism for best demonstrating this has still to be agreed. However, it is likely that the Scottish Government will develop specific tools and approaches to support the assessment of policies and legislation against UNCRC provisions.

The recent consultation on the proposed Rights of Children and Young People Bill did not propose to place a duty on either Scottish Ministers or public bodies to raise awareness and understanding of the UNCRC. The consultation closed on 1 December and the responses are currently being analysed.

Scottish ministers are already taking forward a range of activity, including Getting It Right for Every Child and the Early Years Framework, to implement the UNCRC.

The Rights of Children and Young People Bill is to underpin this progress and also ensure that all relevant Scottish policy and legislation takes proper account of the rights of children and young people. The bill will demonstrate a clear commitment by government to recognise and respect these rights and ensure that service delivery takes account of the UNCRC in a robust and appropriate manner.

The bill will also improve transparency, parliamentary scrutiny and accountability by introducing a duty on Scottish ministers to publish periodic reports focussing on compliance for consideration by the Scottish Parliament.

Through its child-centred approach, which is one of the three key principles of the child poverty strategy.

The recent consultation on the proposed Rights of Children and Young People Bill did not propose to place a duty to have regard to the UNCRC on public bodies. The consultation closed on 1 December and the responses are currently being analysed.

The recent consultation on the proposed Rights of Children and Young People Bill did not propose to fully incorporate the UN Convention on the Rights of the Child. The consultation closed on 1 December and the responses are currently being analysed.

Scottish Government officials have held, and will continue to hold, discussions with Welsh Assembly Government officials on the Rights of Children and Young People (Wales) Measure which placed a similar due regard duty on Welsh ministers to that proposed in our consultation document.

The Scottish Government is not proposing to incorporate the UNCRC into Scots law. One reason for this is because Scottish ministers have other considerations and obligations to take into account in the exercise of their functions some which relate to human rights under ECHR and rights under the Equalities Act 2010. The proposed due regard duty was considered to provide an appropriate balance in requiring ministers to weigh up the requirements of UNCRC against these other considerations and obligations.

National outcome 15 is not an outcome of the Making Justice Work Programme but one of the outcomes in the National Performance Framework which has been in place since 2007. This outcome aspires to public services are high quality, continually improving, efficient and responsive to local people’s needs. The Making Justice Work Programme is designed to contribute to the delivery of this outcome by making improvements to the structures, systems and processes of the justice system. In doing so it will consider the needs of a range of users of the justice system, including children.

The Making Justice Work projects are at different stages of development. Consideration has been given to a range of users of the justice system in their design and in the development of the benefits framework. The intention is to hold further workshops when developing projects and these will include representatives of user groups of the justice system, including children.