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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 21 April 2025
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Displaying 1207 contributions

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Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I mentioned that a handout amendment or something similar would be possible. Again, I cannot go into details on that today, because I need to see where we get to by the end of stage 2. However, my commitment to work with Pam Duncan-Glancy is on the record.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

Yes.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

Yes, and on other grounds, as I have just laid out for the member.

Amendment 190 allows

“any person who is or appears”—

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I do not think that that is a decision for me, as a minister, to take. That is what I am trying to lay out here.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I have just done that—I have articulated my reasons for opposing the amendment. I do not see how I can be any clearer.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I do not believe that it is incorrect. I think that we are agreeing to disagree here.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I would just say, in all honesty, that something unexpected could happen. I am talking about one example and one situation here—this will happen on a case-by-case basis, and every situation will be different. The chair might make that decision initially, but that does not mean that difficulties will not arise in the hearing that follows, based on that decision. Therefore, I do not think that it would be right to allow such decisions to be made.

Mr Kerr referred to open justice and the Scottish courts in his opening for the amendment. Yet again, I reiterate that the children’s hearings system is not a mini-court system. It is based on the welfare of the child and the outcome that would best rehabilitate that child. I am sorry, but I do not agree with the premise that what Mr Kerr is looking for would be congruent with those aims.

Children’s hearings must be conducted in accordance with article 8 of the ECHR, which requires respect for private and family life. That is why attendance should be restricted to those persons whose presence is necessary for the proper consideration of the case.

Furthermore, the UNCRC, which is supported by all parties, places obligations on children’s hearings to uphold every child’s right to privacy and says that

“No child shall be subjected to arbitrary or unlawful interference”

with their private and family life. Allowing any member of the public to attend a hearing, with no justification, would be a regression in children’s rights and would potentially be incompatible with them.

Amendment 179 fails to consider the fundamental differences between the approach of the children’s hearings system and the approach that is taken by the criminal justice system, as I have just outlined. Amendment 179 does not take account of the fact that the majority of hearings deal with highly sensitive care and protection cases, often for very young, vulnerable children. They are not simply juvenile courts dealing with young offenders.

On the basis that such an approach would disregard the child’s wellbeing, rights and best interests, as reflected in the legislation as it currently stands, I cannot support amendment 179. I ask Mr Kerr not to press the amendment to a vote, but, if he does, I strongly urge the committee to reject it.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

No. We have set out our intended aim with the amendments. I think that I have spoken to that perfectly well and have explained the premise behind them. If there was any danger of that being the case, I would not be taking forward the amendments in their current form. So, no, I do not have any such concerns.

I ask members to support amendment 16 and the other amendments in the group.

I move amendment 16.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

As we have heard, amendment 186 would make children’s legal aid automatically available to every child who is subject to a children’s hearing that is fixed by the children’s reporter, including all deferred hearings, irrespective of the grounds of referral. I can see that the intention behind it is to ensure that there is legal representation when it is needed and appropriate. However, that is already in place. Amendment 186 risks bringing an overly adversarial approach into the system when we have a successful national advocacy scheme, and advocates can also draw on legal advice where that is needed.

According to the Scottish Children’s Reporter Administration’s annual report, 22,341 children’s hearings took place in the year 2022-23. The operational effect of the amendment would be to require the SCRA to notify the Scottish Legal Aid Board of every hearing. SLAB would then, in turn, have to arrange for a duty solicitor to be made available to every subject child, assuming that the subject child did not already have a solicitor of choice. To establish whether every subject child already had a solicitor for every hearing taking place under the Children’s Hearings (Scotland) Act 2011 would be a logistical impossibility given the number of hearings, and it is simply unnecessary.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 24 January 2024

Natalie Don-Innes

I absolutely agree that, if there are issues, they need to be looked at. I would certainly be happy to look into that, especially given the further work that will be done in relation to the “Hearings for Children” report. I also agree with the member that the blanket approach is not necessarily the best way forward but, if there are children falling through those gaps, that needs to be looked at.