Committee
Education, Children and Young People Committee 31 January 2024
31 Jan 2024 · S6 · Education, Children and Young People Committee
Item of business
Children (Care and Justice) (Scotland) Bill: Stage 2
I will try to get through all Mr. Whitfield’s points. In relation to his first point about allowing people to apply for the order, as I outlined in my opening comments, that provision is extremely important to allow the police and the prosecutor to publish the information when that is required. New section 106BA(2) is left open so that others can apply—it is not restricted. The sheriff would look at matters objectively and weigh up all the factors. Obviously, that would be done on a case-by-case basis, and it would be for the sheriff to make decisions based on each case individually. It would be for the sheriff to consider how best to consider the views of the child, depending on the circumstances of the specific case and the age of the child. The opportunity to make representation is, again, wide, and it will be for the court to decide who has an interest, based on the specifics of the case. The court involvement should minimise any risks of the child being, or being perceived to be, coerced into consenting to a third party publishing identifiable information about the child. It is about safeguarding the child in that respect. As I said, I am more than happy to have further discussion with Mr Whitfield about some of his more specific points, but I believe that the Government amendments provide what is required as well as the appropriate protections for children and young people. I urge Mr Whitfield to support the Government amendments.
In the same item of business
The Convener (Sue Webber)
Con
Good morning, and welcome to the fourth meeting in 2024 of the Education, Children and Young People Committee. The first and only item on our agenda is day 2...
The Convener
Con
Group 12 is on reporting restrictions and self-identification. Amendment 20, in the name of the minister, is grouped with amendments 24 and 48 to 50.
The Minister for Children, Young People and Keeping the Promise (Natalie Don)
SNP
Good morning, everyone. Sections 12 and 13 of the bill as introduced place restrictions on the reporting of certain information that could identify a person...
Ben Macpherson (Edinburgh Northern and Leith) (SNP)
SNP
Good morning. I welcome the amendments, especially amendments 24 and 48, which address matters that were discussed during the stage 1 process and in the comm...
Natalie Don
SNP
I thank Mr Macpherson for that contribution. I do not believe that I have had sight of that submission as yet, but I will certainly look at that ahead of sta...
The Convener
Con
Group 13 is on reporting restrictions, powers and the public interest test. Amendment 21, in the name of the minister, is grouped with amendments 191, 30 to ...
Natalie Don
SNP
The group contains a large number of amendments that cover a wide range of important areas. Some of the amendments are quite technical, so I require to speak...
Martin Whitfield (South Scotland) (Lab)
Lab
Will the minister take an intervention in relation to this section?
Natalie Don
SNP
This is quite a lengthy group of amendments. I will take the intervention, but I may respond in relation to all the amendments in the group.
The Convener
Con
Mr Whitfield, you are speaking next to this group of amendments, so perhaps you can make your comments then. I am trying to keep a bit of pace going.
Martin Whitfield
Lab
That is fine.
Natalie Don
SNP
Amendments 32 and 41 make changes to new section 106B of the 2016 act in consequence of new section 106BA, so that section 106B will now apply only to dispen...
The Convener
Con
Thank you, minister. There is, indeed, a lot in this grouping. I call Martin Whitfield to speak to amendment 191 and the other amendments in the group.
Martin Whitfield
Lab
Amendment 191 is a simple one-line amendment that effectively removes a section for which the Government, in its own amendments, is proposing a different sec...
The Convener
Con
Minister, perhaps you can address those points when you are winding up.
Ruth Maguire (Cunninghame South) (SNP)
SNP
I will make more substantive remarks in the later group, with your permission, convener. At the moment, I will say that the focus of the bill is children and...
The Convener
Con
I invite the minister to wind up.
Natalie Don
SNP
I will try to get through all Mr. Whitfield’s points. In relation to his first point about allowing people to apply for the order, as I outlined in my openin...
The Convener
Con
The question is, that amendment 21 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Greer, Ross (West Scotland) (Green) Kerr, Liam (North East Scotland) ...
The Convener
Con
The result of the division is: For 9, Against 0, Abstentions 1. Amendment 21 agreed to.
The Convener
Con
The next group is on “Reporting restrictions: time restrictions take effect”. Amendment 22, in the name of the minister, is grouped with amendment 46.
Natalie Don
SNP
Amendments 22 and 46 will mean that reporting restrictions will apply from the point that a child aged under 18 becomes a victim of, or a witness to, a suspe...
The Convener
Con
The next group is on “Reporting restrictions: deceased victims”. Amendment 124, in the name of Ruth Maguire, is grouped with amendments 126, 125, 127 to 136,...
Ruth Maguire
SNP
I will lay out what my amendments intend to do. They can be grouped into four main categories. They intend to extend the reporting restrictions that the bill...
Michelle Thomson (Falkirk East) (SNP)
SNP
We appreciate that the round table is an important part of the discussion. Would you look for equitability of representation of victims as well as the accuse...
Ruth Maguire
SNP
That is a hugely important point. The committee heard from an academic who gave very helpful and specific reasons with regard to the challenges. There was...
Natalie Don
SNP
I will begin, as I did in group 13, by reiterating that I absolutely recognise the intention behind the amendments in this group, which is to reduce the trau...
Michelle Thomson
SNP
Will the minister give way?
Natalie Don
SNP
Yes.