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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 December 2024
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Displaying 768 contributions

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Education, Children and Young People Committee

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

Meeting date: 7 February 2024

Willie Rennie

The minister will have read some of the comments from the Society of Editors. Is she able to give a substantial response to its concerns to explain why she thinks that its issues are not valid?

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 7 February 2024

Willie Rennie

I have raised previously with your predecessors an issue about the take-up for eligible two-year-olds. We were previously told that the data-sharing arrangement with HM Revenue and Customs and the Department for Work and Pensions would significantly increase the take-up, but the figures from last year showed a decrease in the actual numbers and in the percentage take-up. That is a real concern for me, given that the data-sharing arrangement is in place.

In addition, there seem to have been huge variations from one local authority to another. Has the minister looked at why there has been such variation and why we have not managed to drive up the take-up? Liberal Democrats were strong advocates of provision for that group of two-year-olds, and I am disappointed that we have not been able to give parents of those children the opportunity to take up that early learning and childcare provision when they have been offered it.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 7 February 2024

Willie Rennie

I am concerned about the fact that the Government has put its confidence in the data-sharing provision to solve the problem. I have previously raised the fact that the provision for two-year-olds is not available in every community, because there might not always be sufficient numbers to justify full provision. That might mean that families who do not have the wherewithal to travel would have to travel quite significant distances to access a centre.

Could the minister look at that in particular, to make sure that we do not have large areas where there is no provision, with the result that isolated individuals cannot access the provision? I think that that is one reason why we have not had the level of take-up that I would have liked. I could perhaps have understood it if the take-up was static, but the reduction in numbers is a real concern.

Education, Children and Young People Committee

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

Meeting date: 7 February 2024

Willie Rennie

Will the minister give that consideration and lodge an amendment?

Education, Children and Young People Committee

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

Meeting date: 7 February 2024

Willie Rennie

The minister set out concerns about Miles Briggs’s amendments, but is she opposed in principle to putting that guidance on a statutory footing, which is what many campaigners are calling for? If not, will she consider lodging an amendment at stage 3 to do exactly that?

Education, Children and Young People Committee

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

Meeting date: 7 February 2024

Willie Rennie

I realise that the issue that I am about to raise would probably be for the regulation stage.

Some people argue that restraint should almost be excluded completely, because they see its use as a failure to manage the young person in a more effective way. Do you envisage a minimalist approach? I know that you are not in favour of banning restraint completely, but where would you draw the line? What guidance should we give on that for the next stage?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Willie Rennie

My question follows on from Liam Kerr’s point. We understand that more discussion is needed and we understand the complexity of the issue, but what often happens in such cases is that we agree to further discussion and consultation beyond the bill and then there is no vehicle for delivering it. If the matter will not be addressed in this bill, I hope that the minister has thought about what bill it would be addressed in—perhaps the Victims, Witnesses, and Justice Reform (Scotland) Bill. If so, has she had a discussion with the cabinet secretary about that possibility?

We want a degree of urgency about the issue. We know that it is complex, but, as Ruth Maguire said, it should not be beyond the wit of us to come up with a solution. My fear is that, as the minister has outlined it, we might be making perfect the enemy of good. She has highlighted some conflicts that there might be within families—of course there will be those; you get them in all legal cases, in many circumstances—but that does not mean that we should not go there. We need to make sure that the courts and the system are empowered to make the right decision in the best interests of what they believe is the balance of rights in the circumstances.

I want to be confident that the minister has thought through where the issue will be addressed, so that we are not here in five years’ time, saying that we have missed the chance.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Willie Rennie

Could you list what those vehicles are?

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Willie Rennie

Victim support organisations have concerns relating to the ability of the children’s hearings system, as currently funded, to manage an increased volume of serious offences. It is therefore important that the outcome of those cases and the impact on the persons harmed are monitored so that we have access to the necessary information to shape the system in the future.

I want the outcome of referrals to the children’s hearings system that involve an offence to be monitored. That includes referrals on welfare grounds that involve offending behaviour. Monitoring would include the numbers of referrals on offence grounds, offence type, outcomes, age, gender and council area. There should be engagement with the people harmed by children and victim support organisations to provide feedback on experiences.

I will briefly comment on Pam Duncan-Glancy’s amendment 172, which we will support, alongside the other amendments in the group. Local authorities already provide domestic abuse support. It should not be a requirement for a person to have to go to court or a children’s hearing before they can access such provision. We want to ensure that local authorities do not set a higher bar for access to such support. Otherwise, we support the amendments in the group.

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Willie Rennie

Yes. I will make a few more points. I will not support Roz McCall’s amendments 12 and 14, which remove the reporter’s discretion on information sharing in a way that could harm children who have been referred to a hearing.

I support Pam Duncan-Glancy’s amendments 178, 175 and 180, which are about providing information to support safety planning, and sharing other information that might be relevant and proportionate with those who have been impacted by harmful behaviour. That broader set of amendments would assist with information sharing.

I turn to my amendment 123, which creates a reporting requirement to support an informed and constructive debate about how the wider redesign of the children’s hearings system can ensure that all children have their rights fully respected and that no children are left behind. With the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 soon to be in force, there is more reason than ever to take steps to ensure that children’s human rights are reflected in legislation that the Parliament passes. As well as ensuring the availability of child-suitable justice up to the age of 18, there is clear need for better support and connections to recovery and protection for children who have been harmed. To me, article 19 of the UNCRC, on protection from abuse, and article 39 of the UNCRC, on access to recovery, as well as support and safety planning, should be available regardless of whether decisions have been taken to process further action through the children’s hearings system or the criminal justice system, or through no system at all.

Those two ambitions are not at odds with each other. It is possible to do better by children whose actions may harm others and by children who are harmed. Ensuring that that happens is critical to maintaining public support for the children’s hearings system as a whole, which is a point that is clearly made in the “Hearings for Children” report. I am concerned that there is too little understanding of the experiences of children who are harmed when the matter is referred to the children’s hearings system. With a more extensive redesign of the children’s hearings system on the horizon, that needs to be addressed.

I am also concerned that, although once the bill is passed the debate might be over, we will have only begun on the process of reform. We need my amendment to create a reporting requirement to support a wider, constructive and comprehensive debate that considers all those who are involved with the system.