Human Rights Bill costs breakdown and timescales: FOI release

Information requested

(1) In terms of a Human Rights Bill for Scotland, when does the Scottish Government anticipate this could be introduced?

(2) So far, how much has the Scottish Government spent on the Human Rights Bill? (if possible, can you break that cost down).

(3) Can you explain the reason for this Bill’s delay?

(4) Can you share any correspondence relating to the Bill’s delay between the Scottish Government?

Response

1. In terms of a Human Rights Bill for Scotland, when does the Scottish Government anticipate this could be introduced?

The Scottish Government will use the remainder of the current Parliamentary session to work collaboratively with stakeholders to further develop and strengthen proposals for the Human Rights Bill, with a view to Bill introduction in the next Parliamentary Session (Session 7).

Following the 2026 Scottish Parliament elections, the elected Scottish Government at that point will set out its legislative plans.

2. So far, how much has the Scottish Government spent on the Human Rights Bill? (if possible, can you break that cost down).

Please see attached document.

3. Can you explain the reason for this Bill’s delay?

The Human Rights Bill has the potential to be hugely significant in both its breadth and implications for how public services are designed and delivered in Scotland. It is our view that there is more that can be done now to test and refine proposals further, to ensure that the legislation can achieve its aims. In particular, the constraints of the devolution settlement - as highlighted by the Supreme Court judgement on the UNCRC Bill - limit how far the proposed Bill can go in advancing human rights in law in Scotland. We want to use this additional time to work constructively with the UK Government to seek to address these challenges.

Information on the Supreme Court judgment on the UNCRC Bill can be accessed through this link: REFERENCE by the Attorney General and the Advocate General for Scotland - United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill - The Supreme Court.

In September 2024, the Cabinet Secretary for Social Justice wrote to the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee to set out next steps for the Human Rights Bill. This letter can be accessed through this link: Human Rights Bill for Scotland 4 September 2024 |Scottish Parliament Website.

In October 2024, the Cabinet Secretary gave evidence to the Committee on these next steps. The written report of this evidence session can be accessed through this link: Meeting of the Parliament: EHRCJ/08/10/2024 | Scottish Parliament Website.

4. Can you share any correspondence relating to the Bill’s delay between the Scottish Government?

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order for the costs to be brought below £600. For example, you could refine your search further by subject or date range.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI - 202400439309 - Information Released - Document

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