Human Rights Incorporation and Implementation Oversight Board: terms of reference

Purpose

The Human Rights Incorporation and Implementation Oversight Board (“the Board”) brings together representatives from civil society groups, public authorities, and academics to provide oversight of the activities the Scottish Government is undertaking to advance development of the proposed Human Rights Bill and to take forward early rights implementation activity.

The board’s general oversight function is to be applied to the actions under the Scottish Government’s Incorporation and Implementation Delivery Plan. Members will receive updates on the progress of the actions described in the plan and will provide feedback to help Scottish Ministers in driving forward the plan.

Context

The proposals for the Human Rights Bill have been developed through a process of collaborative measures which have been periodically refreshed to help ensure the form of engagement remains fit for purpose and aligned to the latest objectives to progress rights incorporation legislation. In the past, this has included the former First Minister’s Advisory Group on Human Rights Leadership, the National Taskforce for Human Rights Leadership, the Human Rights Bill Advisory Board, Public Sector Leadership Board, Lived Experience Board, and Implementation Working Groups (Core and Wider). The Scottish Government’s legislative proposals have also been informed by the 2023 Human Rights Bill Consultation, as well as joint-working forums such as the Leadership Panel for Scotland’s National Action Plan for Human Rights (SNAP), and more bespoke roundtables with stakeholders and academic experts to consider particular Bill policy issues. In December 2024, the Scottish Government shared an Incorporation and Implementation Delivery Plan that sets out key deliverables and milestones. The Delivery Plan represents a culmination of engagement to date and sets a clear direction of travel for human rights legislative policy development in 2025-26.

As set out in the 2024/25 Programme for Government, Scottish Ministers have decided to continue working on the Human Rights Bill with a view to its introduction in the next session of the Scottish Parliament, subject to the outcome of the 2026 Scottish Parliament election and the decisions of the administration at that point. This is to allow more time to test and refine proposals further to help ensure that the legislation, and the wider implementation environment, can deliver on improved human rights outcomes for Scotland. 

As such, a refreshed collaborative group in the form of an Incorporation and Implementation Oversight Board, that brings together representatives of civil society groups, public authorities, rights-holders, and academics, is being formed to support this work.

Remit

The remit of the board is to provide advice and general oversight in relation to the delivery of the actions within the Scottish Government’s Incorporation and Implementation Delivery Plan (circulated December 2024). There is deliberate flexibility in this remit to allow board members to determine how they wish to shape their inputs to meetings and in overseeing the Delivery Plan, in a way that respects the independence of each member and the organisation(s) they seek to represent. 
    
In providing advice, members may offer views on how the Scottish Government and partners can work to deliver the outcomes set out in the Delivery Plan. Examples of what this advice could cover includes, but is not limited to: 

• views on the work to design legislation and policy proposals for a Human Rights Bill
• work to support the public sector and duty bearers to prepare for the eventual introduction of a Human Rights Bill
• work to engage with the UK Government on issues relating to the scope of a Human Rights Bill
• views on the development of a tool to monitor progress of implementing the recommendations of International Human Rights Treaty bodies 

In providing oversight, members may offer views on the Scottish Government’s overall progress giving effect to the Delivery Plan. It is not a statutory obligation and is intended only to support transparency to the process of delivering the outcomes in the Delivery Plan.

In delivering this remit, board members may wish to consider and draw in wider human rights implementation activity beyond the specific ambit of the Delivery Plan, where relevant.

Chair and membership

The Chair of the board is Kaukab Stewart MSP, Minister for Equalities. The Chair or a deputy will attend all meetings of the group. Deputies will be drawn from the Scottish Government.

Membership is comprised of representatives of public sector authorities, civil society organisation, and academics. Members are expected to attend meetings, however in exceptional circumstances representatives may attend. Members should notify the secretariat team if they cannot attend a meeting, if they wish to send a designated representative in their place, or if they wish to bring observers or additional contributors. 

Members may serve in a representative capacity (attending on behalf of a particular organisation or group of organisations) or in a personal capacity (being invited to join based on their insights, experience, and skills which they are able individually to bring to discussions).

Members remain free to express views which differ from the conclusions and decisions reached by the Scottish Government and are encouraged to contribute actively to wider debate in relation to the realisation of human rights in Scotland, in the UK and at the international level. Organisations represented are similarly free to adopt a position which differs from that of the Scottish Government and to contribute to wider debate. Members will retain their own accountability and independence of positioning in relation to Human Rights Bill proposals.

Observers may be invited to attend meetings, join discussions, and participate in writing, at the discretion of the Chair. Observers will not have decision-making or recommendation powers. The Chair has discretion to invite other organisations to join as permanent members.

For the avoidance of doubt, participation in the work of the board is without prejudice to the statutory independence of the National Human Rights Institutions and their compliance with the requirements of the Paris Principles. Participation in the board does not affect the independent status of the Scottish Public Sector Ombudsman, or any other organisation similarly constituted.

Frequency of meetings and lifetime of the group

The board will meet quarterly (every three months), until the end of its lifetime in Spring 2026 and no later than the beginning of the pre-election period that year (exact date will be confirmed by the Chair).

Mode of working, servicing arrangements, secretariat

The board will be supported by Scottish Government officials in the Human Rights Division, who will aim to send papers five working days prior to meetings. Members are encouraged to comment via correspondence between meetings as appropriate. Minutes will be taken and issued for clearance prior to the next meeting.

It is expected that most meetings of the board will take place remotely (using Microsoft Teams), though from time to time in-person meetings may be held, by agreement of the Chair and board members. Members should discuss accessibility requirements with the Secretariat ahead of meetings to confirm any such arrangements.

Status

The board has no executive powers, other than those specifically delegated in these terms of reference.

Membership of the board does not constitute a public appointment. There will be no remuneration, financial or otherwise, for the time of members participating in this board. The sole exception to this is where Members attend to represent other forums facilitated by the Scottish Government, and remuneration is provided under the terms and conditions as agreed in those forums.

Authority and relationship to other stakeholder forums

Over the course of its life, the board will receive updates on the activities of other Scottish Government-led working groups and stakeholder forums that are established to progress the rights incorporation and implementation agenda. The board will retain oversight in relation to the work of these fora, as part of its wider oversight function in relation to the Scottish Government’s Incorporation and Implementation Delivery Plan. The board’s discussions will inform ministerial decisions related to progressing the Delivery Plan, as set out in paragraph 6 (i).

The oversight board may establish ad-hoc groups to meet and discuss specific topics in more detail, at the discretion of the Chair.

The oversight board may not delegate its functions, as set out in this document, to ad hoc groups unless expressly authorised to do so by the Chair.

The decision to create an ad hoc group or forum, and its membership, activities and outputs, must be agreed by the Chair.

Accountability, Transparency and Information Sharing

All papers, documents and other materials developed by or on behalf of the board will be stored within the Scottish Government's electronic records and document management system.

The board will comply with the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EIRs). Papers for the meetings will be shared with members by email.

The board secretariat will ensure that relevant information about the board’s discussions are communicated to interested parties and is accessible to the public, for example through the Scottish Government website, and other publication mechanisms.

Where required, the Chair shall advise on all aspects of confidentiality with respect to the information presented to and discussed by the membership.

Scottish Government officials will remain accountable to Scottish Ministers in line with normal civil service arrangements. 

Monitoring effectiveness and review

30.    These Terms of Reference will be reviewed and approved by members and agreed by Kaukab Stewart MSP, Minister for Equalities, in her capacity as Chair.

Diversity

Members should be mindful of Scottish Ministers’ commitment to inclusion and diversity in public life and, in fulfilling their role should strive to assist in creating a culture and environment that enables the Scottish Government to harness the talents of everyone by enabling and promoting the participation of people from under-represented groups.

Drawing on participative processes

Where relevant, the secretariat will support the board to inform their discussions by reviewing relevant outputs of the lived experience board. The lived experience board, which ran from 2022-2024, was comprised of members of the public with experience of facing barriers accessing their human rights under the present status quo. They produced thirteen reports providing personal accounts, reflections, advice, and recommendations for Human Rights legislation, policy, and implementation activities. The reports are available online at the web pages of the board’s civil society partners:

• Human Rights Consortium Scotland
• Scottish Commission for People with Learning Disabilities
• Together, Alliance for Children’s Rights