Written Question · S4W-12243 · Session 4
Whether the Family Law (Scotland) Act 2006 is compliant with the (a) European Convention on Human Rights and (b) Children (Scotland) Act 19…
The question
To ask the Scottish Government whether the Family Law (Scotland) Act 2006 is compliant with the (a) European Convention on Human Rights and (b) Children (Scotland) Act 1995 and, if so, what evidence it has to support this.
The answer
The Scottish Government’s view is that the Family Law (Scotland) Act 2006 complies with the European Convention on Human Rights. The statements from the Presiding Officer and the then Minister for Justice provide evidence of this. They are available on the Scottish Parliament’s website at page 26 of the Explanatory Notes for the then Bill:
http://www.scottish.parliament.uk/S2_Bills/Family%20Law%20(Scotland)%20Bill/b36s2-introd-en.pdf.
The Government does not believe there is any conflict between the 2006 Act and the Children (Scotland) Act 1995, but it is not appropriate to suggest that the 2006 Act requires to be ‘compliant’ with the 1995 Act. Both Acts are primary legislation about a devolved matter and both are relevant statutes in the area of family law. The 2006 Act amended the 1995 Act. A key principle underlying both Acts is that the welfare of the child is paramount.
http://www.scottish.parliament.uk/S2_Bills/Family%20Law%20(Scotland)%20Bill/b36s2-introd-en.pdf.
The Government does not believe there is any conflict between the 2006 Act and the Children (Scotland) Act 1995, but it is not appropriate to suggest that the 2006 Act requires to be ‘compliant’ with the 1995 Act. Both Acts are primary legislation about a devolved matter and both are relevant statutes in the area of family law. The 2006 Act amended the 1995 Act. A key principle underlying both Acts is that the welfare of the child is paramount.
In the Official Report
No contribution in the Official Report cites S4W-12243 by reference.