Supreme Court hears UNCRC (Scotland) Bill reference – Christian J Howells instructed on behalf of the Counsel General for Wales

June 28 2021

Today the Supreme Court will hear argument on the UK Law Officers’ reference of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill.  The Applicants argue that some of its provisions, creating a duty to act compatibly with the Convention, an interpretive principle, a power to strike down incompatible legislation and a power to declare provisions incompatible, are outside the legislative competence of the Scottish Parliament.  The Applicants argue that some of the provisions are a modification of the ability of UK Parliament to legislate for Scotland because they affect the operation of UK legislation.  The Counsel General for Wales is concerned to meet this constitutionally important point.

Christian is instructed by Welsh Government Legal Services and led by Helen Mountfield QC with Mark Greaves also as junior.

The livestream can be viewed here: