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Will the minister take an intervention in relation to this section?

Section 14 of the bill deals with the steps to safeguard the welfare and safety of children in criminal proceedings. My amendments include provisions to take better account of young people, and to insert in various parts of the bill the obligation to consider not just the welfare and the safety of young people but the rights of young people.

A number of the amendments are short, but amendment 196 would add a provision to section 14 of the bill—which, in turn, adds a section to the 1995 act—to allow

“the child an opportunity to express the child’s views in”

a way that the young person prefers.

As we have already heard in relation to a number of amendments this morning—and this is the position of the Scottish Government—the young person, including their role, maturity and ability, needs to be taken into account. As a consequence, we must also take into account the manner in which the young person can express their preferences and understanding. That would extend to having regard to the child’s views, taking into account their “age and maturity” in particular. I have already pressed the Government in respect of the test that would be applied to that and it has offered to discuss that.

All of my amendments refer to the importance of a young person being able to understand what is happening to them and being in a position in which they can, as far as is practicable, be comfortable with those around them so that they can express their views. It is important that they are able to understand the consequences of decisions that they might be asked to make in circumstances in which they would, understandably, be concerned, stressed and emotional. Given the purpose of the bill, it is important to have a requirement to make their journey not only as comfortable as possible but as understandable as possible to the young person in a way that is appropriate to their age and their levels of understanding.

I could go into some detail with regard to specific amendments, but, having detailed amendment 196, I will just mention that amendment 198 and subsequent amendments would remove “may” to insert “must” so that the requirement is that the adults—not just those immediately around the young person but those who are involved in the administrative processes—must take account of the young person.

I have nothing further to add, but I will respond to any questions that members might have, and I will respond to any comments that the minister might make subsequently. I will move all of my amendments in this group when required.

I move amendment 193.

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

Will the member take an intervention?

Or an undercapacity problem.

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?

That is fine.

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.

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].

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.