Coronavirus (Recovery and Reform) (Scotland) Bill: child rights and wellbeing impact assessment

5. How will the policy/measure give better or further effect to the implementation of the UNCRC in Scotland?

Arrangements for vaccination and immunisation

The policy will allow for more efficient delivery of vaccinations, ensuring the fulfilment of children's rights under Article 24 of the UNCRC.

Educational establishments etc.

These powers would only be used in a public health emergency after a thorough, evidence-based four harms assessment (or equivalent) that concluded the use of these powers was the appropriate course of action to safeguard the health and wellbeing of children. Safeguarding lives, survival and development, and putting children's best interests at the forefront of decision-making will further the implementation of the UNCRC. A focus through the powers on educational continuity in the event of a threat to public health is also intended to have a mitigating positive impact.

School consultations

These powers would only be used where Scottish Ministers thought that a direction to enable wholly virtual meetings would be necessary and proportionate to protect public health. Safeguarding against negative health outcomes while enabling consultations to take place to further educational outcomes locally, and enable all interested parties, including children, to continue to participate in this process will further the implementation of the UNCRC.

Requirements of writing

The provision will allow greater access, convenience, and flexibility to those who may require such legal services, whilst also facilitating a move to a more digitalised and efficient justice sector.

Registration of births

The policy may make it easier for some informants to register the birth of their child, which helps with implementing Article 7 of the UNCRC.

Registration of deaths

The policy may make it easier for some informants to register the death of a child. This will not materially give better or further effect to the implementation of the UNCRC, but no negative impact is envisaged.

Legal aid and advice: Claim for interim payment of fees and outlays

By supporting providers' recovery from the impact of Covid, the legal aid provisions will help to ensure the availability of legal services for those individuals in society most affected by the pandemic, including children. Continued access to publicly funded legal assistance, and support to ensure the effective and sustainable provision of that assistance, will assist with ensuring that action can be taken by children, or on their behalf, to ensure protection of their rights under the UNCRC.

Mental health: removal of need for witnessing of signature of nominated person

Section 2 of the 2003 Act promotes the welfare of the child up front and centre. It modifies and applies the provisions of section 1 (Principles for discharging certain functions) to patients who are under 18 years of age, and introduces the fundamental principle of welfare, and in particular places a duty on those discharging functions under the Act to do so in a manner that "best secures the welfare of the patient". This section chimes with the UNCRC, it endorses the core principles (in particular Article 3) and aligns with the UNCRC definition of "child".

Removal of mandatory eviction groundsandPre-action protocol in respect of evictions relating to rent arrears

The measures will give better effect to the implementation of the UNCRC in Scotland by requiring that a pre action protocol is used in the private rented sector before a landlord begins eviction action. This will signpost tenants to support that could help them to sustain their tenancy and avoid eviction and potential homelessness. Likewise, ensuring all grounds for eviction in the private rented sector are discretionary allows the Tribunal to consider the tenants' circumstances, including any children, before deciding whether to agree to eviction.