Meeting of the Parliament (Hybrid) 19 January 2021
The bill that we are debating is crucial to our nation’s future and I will be delighted to agree to its general principles at decision time—in fact, to quote the cabinet secretary, that will be a joy. The bill is crucial because it underlines the commitment of the Scottish Government and the Parliament to giving children a voice and respecting their rights.
Children are Scotland’s future. I could not be prouder that Scotland is set to become the first country in the UK to directly incorporate into domestic law the UN Convention on the Rights of the Child. I congratulate the Equalities and Human Rights Committee on all its hard work on the bill.
By implementing the convention to the maximum extent that is possible under the Parliament’s current powers, we will build children’s rights into the fabric of decision making, which is entirely as it should be. It is crucial that the bill also allows for incorporation of the UNCRC articles that currently go beyond the Parliament’s powers, if the powers change in the future. The bill will deliver a proactive culture of everyday accountability for children’s rights across public services.
Since I was elected in 2016, four acts have stood out for me above all the other important acts that we have passed—the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019, the Domestic Abuse (Scotland) Act 2018, the Children (Scotland) Act 2020 and John Finnie’s Children (Equal Protection from Assault) (Scotland) Act 2019. Those acts lay the foundation for a systemic shift in the emphasis on children’s rights—from a society in which children have traditionally not been consulted on a host of issues to one in which they are listened to and respected.
The bill is a significant step towards a future that is based on tolerance, equality, shared values and respect for the worth and human dignity of all people, whatever their age. It is one of the most significant pieces of legislation since devolution to help all children to reach their potential. It will include rights on health and education; disabled children’s rights; rights on leisure and play, fair and equal treatment and protection from exploitation; and the right to be heard. Those rights will apply to every child and young person, whatever their ethnicity, sex, religion, language, ability or other status is, whatever they think or say and whatever their family background is.
The bill will mean that children and young people are involved in the decisions that affect their lives and that children’s rights are always respected, protected and fulfilled by public authorities. Public authorities, including the Scottish ministers, will be under a statutory duty not to act incompatibly with the UNCRC’s requirements, as set out in the bill. If authorities act incompatibly, children, young people and their representatives will be able to use the courts to enforce children’s rights. That will deliver a proactive culture of everyday accountability for children.
In a private evidence session on the Children (Scotland) Bill, the Justice Committee heard from young people from Yello!, which is the young expert group for the improving justice in child contact cases project, who were supported by Scottish Women’s Aid and advocacy workers. All had experienced a fraught journey through the justice system. Their evidence was intensely moving and compelling, and their bravery and honesty were awesome.
The young people spoke about their experiences of being victims of domestic abuse and pawns in horrible adult mind games; about their feeling of not being listened to and not feeling safe; about no one asking what they wanted when they were in court; about being invisible; and about being made to have contact with someone whom they did not feel safe with. In short, adults made decisions for them without consulting them. On the day when we heard that evidence, the young people from Yello! were the adults in the room, and they made the Children (Scotland) Bill their bill, as it should be. I was delighted to hear about the child-friendly report that the Equalities and Human Rights Committee produced.
Care-experienced young people also contributed much to the Children (Scotland) Bill with their powerful evidence. That is why I am so pleased that the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill will put power in the hands of children and young people and will reaffirm our commitment to making Scotland the best place in the world to grow up in.
It is clear from the responses to the Scottish Government’s consultation that there is widespread support for directly and fully incorporating all the rights that the convention sets out. Many organisations have expressed a wish for the bill to come into force without delay; I, too, wish for that, and I am pleased that the Government will consider that at stage 2.
I am also pleased that the committee’s recommendation to change the wording in section 11 from “may” to “must” has been agreed by the Government.
Bruce Adamson, the Children and Young People’s Commissioner Scotland, said:
“The bill is really strong. It builds on an understood framework that we already know through the Human Rights Act 1998 and, importantly, it strengthens it.”—[Official Report, Equalities and Human Rights Committee, 19 November 2020; c 2.]
The bill contains specific measures to remove barriers that children and young people may face in realising their rights and accessing justice. Those provisions include giving the Children and Young People’s Commissioner Scotland the power to raise claims in the public interest.
Juliet Harris, of Together, the Scottish Alliance for Children’s Rights, said:
“the process of incorporation brings about a culture change in which children and young people are better recognised as rights holders”.—[Official Report, Equalities and Human Rights Committee, 26 November 2020; c 2.]
A former member of the Scottish Youth Parliament for LGBT Youth Scotland, said:
“It is easier to look at a written document that says that these are the things I should have, rather than kind of guessing what you think you should have. This is empowering for me as a young person.”
The bill will require that ministers publish a children’s rights scheme setting out the arrangements that the Government intends to put in place to fulfil the duty to act compatibly with the incorporated UNCRC rights and obligations. The Government and public authorities will also be required to report on steps that they have taken to be compatible with the incorporated rights and obligations.
In conclusion, the bill is a game changer for children and young people. It is a milestone for Scotland. I will be very proud to support its general principles at decision time.
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