Commission responds to Scottish Parliament decision to reject 'due regard duty' in Social Security (Scotland) Bill
The Social Security Committee of the Scottish Parliament this morning rejected a proposed amendment by Mark Griffin MSP to the Social Security (Scotland) Bill, which would have created a duty to have due regard to the right to social security. Commenting on the Committee’s decision, Judith Robertson, Chair of the Scottish Human Rights Commission said:
“It is disappointing that parliamentarians and the Scottish Government have not taken the opportunity to strengthen accountability in relation to the human right to social security in this important piece of legislation. While the Commission welcomes progress made so far, for example the creation of the Scottish Commission on Social Security which must have regard to human rights, an accountability gap still exists. The amendment proposed by Mark Griffin MSP would have placed a duty on Ministers to have ‘due regard’ to the international human right to social security when taking decisions on social security. Without it, there is no legal mechanism in the Bill for holding Ministers to account on the delivery of the right to social security. While we regret that parliamentarians and the Scottish Government have not taken the opportunity to significantly improve this legislation in human rights terms, we look forward to serious consideration being given to the incorporation of international human rights in Scots law going forward.”
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