Seòmar agus comataidhean

Thank you for inviting me to give evidence to the committee on the four draft Scottish statutory instruments. I hope that the following information will be of help to committee members.

The disclosure system in Scotland comprises two broadly aligned parts—self-disclosure and state disclosure. Self-disclosure is when an individual provides information about their own criminal history, perhaps to an employer or to a regulatory body, and what they must disclose in different circumstances is set out in law. The purpose of state disclosure is to provide a means to verify those disclosures. That balances two objectives. The first objective is to ensure that relevant criminal history is disclosed, and the second is to ensure that irrelevant matters are not disclosed so that an individual who is no longer offending can move on in life.

The draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No 2) Order 2025 will make modifications to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, which I will now refer to as “the 2013 order”. Those modifications will maintain full alignment between the state disclosure and self-disclosure rules. The amendments that will be made to the 2013 order are necessary to prevent an individual from being at risk of overdisclosing spent convictions through self-disclosure, and will ensure that state disclosure and self-disclosure work as intended, following the changes that were made to the disclosure system by the 2020 act.

The draft Disclosure (Scotland) Act 2020 (List A and B Offences) Amendment Regulations 2025 will amend schedules 1 and 2 of the Disclosure (Scotland) Act 2020 by modifying the list A and list B offence lists. List A offences include the most serious offences, such as serious violence, sexual offending and terrorist offences. List B offences contain less serious offences that still warrant disclosure. The SSI will amend those lists by adding new offences that were not in existence when the Disclosure (Scotland) Act 2020 received royal assent, by moving offences from list B—which consists of offences that are considered to be less serious—to list A, which includes the most serious offences, such as serious violence, sexual offending and terrorist offences, and adding comparable offences that are not currently in each list following a systematic review.

List A and list B offence lists were first introduced to Scotland’s disclosure regime in September 2015, in response to a 2014 United Kingdom Supreme Court ruling that was made in respect of England and Wales. Scottish ministers pre-emptively reformed the disclosure regime by ending the practice of indefinite blanket disclosure of information about spent convictions through state disclosure or self-disclosure. If an offence is not included in either list, a conviction for that offence cannot be disclosed on any level of disclosure once it is spent. However, list A offences—which are serious offences—require disclosure once they are spent. List B offences are less serious, but still warrant disclosure once they are spent. The offence lists therefore serve an important purpose in fulfilling the task of protecting vulnerable groups and safeguarding sensitive assets or information.

The draft Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025 will amend schedules 2 and 3 of the Protection of Vulnerable Groups (Scotland) Act 2007 in relation to regulated roles with children and regulated roles with adults, following extensive stakeholder engagement, which Disclosure Scotland conducted, regarding the operation of the schedules.

In practice, the schedules determine which roles require protection of vulnerable groups scheme membership. The regulations are necessary to ensure that schedules 2 and 3 are complete, correctly scoped, clear and concise in setting out which roles are regulated. One of the safeguarding reforms that was made by the Disclosure Act 1998 was the introduction of mandatory PVG scheme membership for anyone undertaking a regulated role. The mandatory PVG scheme will provide assurance that anyone undertaking a regulated role with children or adults is not unsuitable to do so.

The draft Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 is necessary to make various incidental, supplementary and consequential modifications to primary and secondary legislation. That will ensure that the changes that were made by the 2020 act are reflected in the disclosure regime in order to ensure that it operates effectively and efficiently.

I am happy to take questions on the draft regulations and order.

As I have said, the work on the rates guidance is on-going—it is something that we are working on just now. I do not know whether officials can give me an understanding of the timeline.

Of course, Mr Rennie. You will be aware that, because of the data arrangements, this is the first year that we have had a real year-on-year comparison of uptake rates for two-year-olds. At the national level, the figures indicate an increase in uptake for eligible children from 52 per cent in 2023 to 59 per cent in 2024, but I agree that some families are losing out, and we need to try to maximise uptake as much as possible. As a result, I have set out on a national improvement project to try to increase the numbers.

I would not say that it is so much a regional variation—there is huge variation among local authorities. I have not necessarily found any trends in that respect, but the variation alarms me, which is why I have set out on the project. The project itself will involve intensive support for five identified local authorities with quite low uptakes. It was important to me to use a range of local authorities, so we have included rural and urban authorities, and we are making sure that we have a range of factors to try to understand the reasons for uptake being low in the first place, and how we can increase it.

Very individual and intensive support will be given to the five identified local authorities—Aberdeenshire, Falkirk, Glasgow, North Ayrshire and North Lanarkshire councils. We have sought to engage with local authorities that are already working with the Improvement Service or which have expressed an interest in maximising uptake, and that service is providing support based on each of the local authorities’ unique contexts, which I have alluded to.

We also have a programme of online content that is available to all local authorities, because we understand that the situation might go beyond the five authorities that are interested in increasing uptake. At the moment, though, my priority is to take a targeted approach and to see what we can do and what we can learn from those five areas.

It is imminent. That relates to the rates guidance, but wider discussions are being had on the wider rates review—not just on the specific rates themselves but on what is required for additional support needs, meals and a range of other things. We are actively working on that, just now.

As I have said, the early adopter communities work is on-going, too, and we are continuing to speak with families. We recently increased the number of early adopter communities by two, from four to six, which increases the number of families who are involved in the programmes and gives us more understanding of what is needed for a national picture.

Approved—I mean moved. Sorry. [Laughter.]

Motion moved,

That the Education, Children and Young People Committee recommends that the Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2025 [draft] be approved.—[Natalie Don-Innes]

Motion agreed to.

As I have said, that is, in essence, because I am very understanding of the difficulties that organisations and individuals have been through in relation to the cost of living crisis and other factors. This is a very important area in terms of safeguarding children and ensuring that everybody who is involved in roles with children is part of the disclosure system. I have therefore taken the decision that that is what is best for the country, at the current time.

I alluded to that in relation to the disclosure service being “fit for the future”. I have now been to the committee twice on a number of SSIs that have gone through in relation to the 2020 act. There certainly will be a case for making that scheme fit for the future and, as you say, for making sure that we are financially sustainable. I have had to balance various issues regarding whether to increase the fees, and I felt that this was the right move to make for this year, given some of the issues that I have already referred to.

The member will be aware, in terms of the consultation, that the Scottish Government will continue to fund PVG scheme membership for volunteers in qualifying voluntary organisations, and has chosen to retain fees at their current level.

On engagement with staff members, I am more than happy to bring officials in to go into some of the engagement that has taken place. As I alluded to the last time that I was before the committee, there has been a wealth of engagement around the disclosure legislation.

I will ask Gareth Wilks to elaborate on the engagement that has taken place.

I do not have a view on that, specifically. As far as I am aware, that was not raised as an issue during the consultation period. I understand that it will be worked out between an organisation and employee members.

As I said, I have retained the fee waiver for fees this year: I have retained the fee waiver for volunteers. However, thinking ahead, in line with the 2020 act we will, in the future, be looking to transform and change the rhetoric around fees for disclosures, by taking it away from being a transaction-based system and making it fit for the future. That work will have to be taken forward in the future.

However, as I have said, given the difficulties that people have experienced over the past few years in relation to the cost of living crisis and other external factors, the decision has been taken to retain fees at their current levels for this year and to retain the fee waiver.

No.