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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 2 April 2025
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Displaying 1593 contributions

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Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

Yes, I can also confirm that.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

Lynne McMinn can give some information about the process of automatic listing.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

Anyone who is mentally ill or who lacks capacity at the time of their conviction would also automatically be added to that list.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

The regulations will amend the prescribed period that must pass before a person has the right to make an application. They will increase the age threshold for what is referred to in the principal regulations as the shorter prescribed period from under 18 to 25 and under . That means that an individual who is included in the barred list when they are aged between 18 and 25 will be able to apply to be removed after five, rather than 10, years have passed since the date of inclusion.

I make it absolutely clear that the amendment regulations will not lead to individuals being removed automatically from the barred list; they will simply amend the circumstances in which an application for removal will be competent. As I said in my opening remarks, the proposed changes are consistent with the approach that is taken in the rest of the United Kingdom to when individuals can ask for a review of the Disclosure and Barring Service’s decision.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

Yes.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

Yes, I can.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

It is important to acknowledge that there was wide consultation when the legislation was proposed and was going through Parliament. In my opening remarks, I mentioned the support that has been given by Who Cares? Scotland. There were other supporting voices, including Recruit With Conviction. We had a joint response from the Children and Young People’s Centre for Justice and the improving life chances implementation group, who also expressed their support for increasing the age threshold to the highest age that was offered. There is widespread support from stakeholders for the change in regulation.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

We all have a responsibility to ensure that children, young people and vulnerable adults are safeguarded. As I said in my opening remarks, the process of barring someone is robust and the process that someone would have to go through to have that barring lifted will be just as robust.

We want to ensure that we protect children, young people and vulnerable people. The changes in the regulations for people who were placed on the barred list when they were under the age of 25 is about recognising that young people move on from lifestyle choices and behaviours that have been harmful in the past. Denise McKay or Lynne McMinn might want to comment on the legalities around the process.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

The proposed threshold is consistent with that in the rest of the UK, where the ability for individuals to ask for such a change applies up to the age of 25. It is also in line with corporate parenting responsibilities as they apply under the Children and Young People (Scotland) Act 2014, because we in Scotland acknowledge that parenting does not stop at the age of 18. That is why the age of 25 was chosen.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 8 December 2021

Clare Haughey

I have listened carefully to the debate and am grateful to have had the opportunity to explain the Scottish Government’s position on the SSI.

On James Dornan’s point, I am absolutely clear that the regulations do not automatically lead to individuals being removed from the barred list. They simply amend the circumstances in which an application for removal is competent in that they change the timescales.

As I said in my opening statement, I invite Ms Gallagher not to press Mr Mundell’s motion. However, if it is pressed to a vote, I will ask members to vote in favour of the regulations.