§ 18. Mr. Michael Connarty (Falkirk, East)What human rights assessment she has made of the Standards in Scotland's Schools etc Act 2000. [128460]
The Advocate-GeneralI assess the legislative competence of each Bill introduced in the Scottish Parliament as part of the process of considering whether to exercise my power under section 33 of the Scotland Act 1998 to refer a Bill to the Judicial Committee of the Privy Council. That assessment includes a consideration of compliance with convention rights. When a Bill becomes law, my role on devolution issues continues.
§ Mr. ConnartyI am informed that sections 1 and 14 of the Standards in Scotland's Schools etc. Act 2000 state that any child with a need for special educational provision should be provided with it in mainstream schools. Gordon Jeyes, director of children's services and secretary of the Association of Directors of Education in Scotland, said that he believes that the UK Government are in breach of the Act because we do not implement it in relation to asylum seekers' children who are held in Dungavel.
The Advocate-GeneralLet me quote section 1 of the Act to my hon. Friend. It states:
It shall be the right of every child of school age to be provided with school education by, or by virtue of arrangements made, or entered into, by an education authority.Anyone who believes that there is a difficulty in relation to a devolution issue is perfectly within their rights to raise that, as I have explained.