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Seòmar agus comataidhean

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 732 contributions

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Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Ruth Maguire

I hear what you are saying and I am sure that, in extreme circumstances, they would have to do so. I suppose that I am thinking of examples—I will not start talking about specific ones—whereby harm can be caused that is not reaching that level, which we could be preventing.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Ruth Maguire

I am grateful that you raised that, because another of our concerns is the subjectivity of that change. In its submission, SWS also mentioned some concerns in that area. Is there anything that you would like to share in that regard?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Good morning, panel. Thank you for your evidence so far. It has been really helpful.

I want to ask about movement restriction conditions. We have received written evidence from Includem and from Who Cares? Scotland, and we have picked up on some of the issues in that regard.

Meg Thomas mentioned the lack of automatic legal representation for a young person who might be subject to an MRC. Meg, can you say a bit more about that and why it is an issue?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Do any other panel members have views on that?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Thank you. That is helpful.

Forgive me for not being able to remember exactly who this came from, but something else that was raised in written evidence was the change to considering “harm” done, rather than “injury” caused, and the subjectivity of that. An MRC might be used to prevent a child from causing physical or psychological harm to others. Do witnesses have a view on that change?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Do you have a view on access to legal aid for children with an MRC?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Good morning. I would like to ask about the changes to movement restriction conditions. Do you think that the provisions in the bill go far enough to support the rights of children? Alison Gough, you spoke a little bit about the balancing of rights, so I will come to you first.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Thank you. That is all very helpful.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Thank you. You answered my two follow-up questions in one answer, which was great.

I had a question on the subjectiveness of psychological harm. I am interested in hearing about the victim’s perspective from Kate Wallace, because there are two sides to that subjectivity.

However, I will come to Laura Pasternak first. Laura, you spoke about stigma and the potential issue that the place where someone is allowed to be is not actually safe for them. Do you want to say a bit more about that issue? Is there anything else that you want to scoop up around that?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 29 March 2023

Ruth Maguire

Thank you. That is helpful.

Kate, we spoke about that point, and the committee is quite aware of the balance of rights that exists, because, often in those instances, it is two children or young people that have been affected by whatever is going on to cause involvement with the justice system. Do you have any comments, from the perspective of a victim, on the widening out of the provision to include

“physical or psychological harm to another person”?