Incorporating the United Nations Convention on the Rights of the Child into Domestic Law in Scotland Working Group: summary report

Annex A - Incorporating the United Nations Convention on the Rights of the Child into Domestic Law in Scotland Working Group: Terms of Reference

Remit

1. It is proposed that a working group is convened to inform the development of a model that incorporates the United Nations Convention on the Rights of the Child (UNCRC) into domestic law in Scotland. The membership of the group is set out in Annex B.

2. The primary function of the working group will be to discuss options with regard to the models for the incorporation of the UNCRC into Scots law, using the consultation document as a key framework for its work. The output from these discussions, as defined at paragraph 7 below, will inform policy decisions for a draft Bill to incorporate the UNCRC into domestic law within the current session of Parliament. The working group will also consider the findings of the consultation and how the legislation might support wider cultural change and understanding of children’s rights.

3. The working group will bring together cross–sector representation and will include representatives of third sector partners, public bodies, family groups and civic Scotland. It will also include academics and legal practitioners acting in a personal capacity. It will be tasked with considering the policy, practice, and legislative implications of incorporation.

4. Each meeting will focus on a specific theme as per the consultation, and respond to views expressed in the consultation:

• Theme 1 (part 1): Legal mechanisms for incorporating the UNCRC into domestic law;
• Theme 1 (part 2): Legal mechanisms for incorporating the UNCRC into domestic law;
• Theme 2: Embedding children’s rights in public services;
• Theme 3: Enabling compatibility and redress; and
• Consider the analysis of the consultation responses and its implications for the policy specification.

Timeline

5. In order to inform policy decisions for a draft Bill using the themes above, the working group will be convened on the following dates:

Consultation launches 22 May

25 June 2019
14:00 – 16:00
VQ - Edinburgh

10 July 2019
09:30 – 12:30
VQ - Edinburgh

31 July 2019
10:00 – 12:00
SAH - Edinburgh

27 August 2019
14:00 – 16:30
VQ - Edinburgh

Consultation closes on 28 August

9 September 2019
10:00 – 12:00
COSLA - Edinburgh

25 September 2019
10:00 – 12:00
COSLA - Edinburgh

Consultation responses published - September

21 October 2019
13:00 – 16:00
COSLA - Edinburgh

24 February 2020
14:00 – 16:00
VQ - Edinburgh

Indicative Agendas

6. To structure the meetings and drive an output focus, the working group will be invited to consider these indicative items on the following dates:

25 June 2019
Introduction to the Working Group and initial discussion of consultation themes

10 July 2019
Legal mechanisms for incorporating the UNCRC into domestic law

31 July 2019
Embedding children’s rights in public services

27 August 2019
Enabling compatibility and redress

9 September 2019
The way forward with Themes 2 and 3 of the consultation

25 September 2019
Consider analysis of consultation responses

21 October 2019
Observations post consultation; draft Working Group Report.

24 February 2020
Consideration of final Working Group report.

Output

7. The output will be a report of the Group’s discussions (as outlined in summary minutes) organised in terms of themes/questions set out in the consultation document. This report will be shared with Ministers, alongside the outcomes of the formal consultation and separate engagement with other relevant stakeholders, including children and young people.

Governance

8. The working group will be co-chaired by Michael Chalmers, Director, Children and Families and Mairi Macpherson, Deputy Director Creating Positive Futures. The secretariat will be provided by the Scottish Government. The secretariat will:

• circulate an agenda and other relevant papers one week in advance of each meeting; and
• minutes and actions will be taken for each meeting and circulated approximately one week after each meeting.

9. The Terms of Reference, membership of the group and minutes of meetings will be published on the Scottish Government’s website.