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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 24 November 2024
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Displaying 1320 contributions

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Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Will you take an intervention, minister, or would you rather take it at the end?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Will the member take an intervention?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Or an undercapacity problem.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

I am very grateful for that. That was helpful.

On the issue of restorative justice for children, such an approach can work only when all parties are open to it and maintain that openness as they go through the system. We have seen challenges arising with restorative justice in other environments in which there has been a misunderstanding as to what the restorative justice is, or rather a misunderstanding among those surrounding the individuals who take part in restorative justice. The minister was right to mention the 2017 publication. Is there an intention to revisit, to review or, indeed, to republish that guidance under the provisions of the bill that the committee has already amended? Will that be taken forward?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

That is fine.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Ruth Maguire makes some very powerful points. Does she share my concern that the processes that we have in Parliament for dealing with proposed legislation at stage 3 are perhaps not the best vehicle for enabling young people’s lived experience to be reflected or for them to express their views and input evidence? I say to the minister, with the greatest respect to her and the Scottish Government, that the round-table format is perhaps not the most fortuitous way for young people to be able to express their concerns.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Given the Government’s undertaking to discuss the issue, I will not move amendment 191 at this stage.

Amendment 191 not moved.

Amendment 30 moved—[Natalie Don].

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

I am concerned, because my amendments are to the Criminal Procedure (Scotland) 1995 Act, which, unless it is expressly brought within it, will not be covered by the UNCRC. Young people will have to rely on the existing vehicles, which, as Michelle Thomson has highlighted, might not be available in the future.

I am quite disappointed by the approach that has been taken with regard to my amendments, because they were lodged in good faith. The Government has sought to rely on the support of the Children and Young People’s Commissioner Scotland as authority to pass its amendments, but my amendments are also supported by the commissioner. With that in mind, I will press amendment 193.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

I am very grateful, convener, and I will be brief. Does the member share my concern that we seem to be having a tautological argument over the phrase “victim impact statement” instead of talking about what this should be, which is an understanding of the victim’s experiences when either panels or, indeed, courts are reaching decisions?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

I am very grateful.

That brings me to amendment 209, which deals with the rehabilitation and reintegration of children who have been guilty of offences. That is a very important matter, and I am grateful for the contributions that the minister has made. It is right that rehabilitation and reintegration are paramount in relation to how our young people can reintegrate into communities. During our discussions today and, indeed, during those that we had last week, we have heard about how that sits at the heart of what we are trying to achieve.

Regarding the reporting principles, is the minister absolutely confident that sources of reporting will be available to the public—albeit not necessarily through the Government—that can measure the success of the rehabilitation and reintegration of young people at the end of their period of involvement?