Chamber
Plenary, 28 Feb 2002
28 Feb 2002 · S1 · Plenary
Item of business
Education (Disability Strategies and Pupils' Records) (Scotland) Bill: Stage 1
That is an issue that we debate often. All of us are anxious to ensure that there is as much consistency as possible between the disability legislation and the special educational needs legislation. Some may feel that, ideally, the two would be integrated. However, we have a large volume of disability legislation and a significant volume of special educational needs legislation. Different Parliaments are responsible for that legislation and there are complexities even within that. We have seen that today, with the disability legislation that was set by the UK Parliament having to be discussed in the context of the Scottish Parliament.
We all have to work together to make legislative proposals work effectively. As far as we can, we will, in the review of special educational needs legislation, work to ensure that the approach is more seamless. However, there will continue to be different acts of Parliament on these subjects on the statute book.
This bill is about planning for all pupils in Scotland who have a disability—whether it is a physical or a mental impairment and whether they need relatively minor additional support or whether they have complex needs and require 24-hour care. Whatever a person's disability, this bill is of importance to them.
Pupils do not need just to be able to get around their school or nursery school. They need to be able to learn in different ways, to receive extra support from school staff and to be able to use information technology and computers or other alternative formats in order to access information. This bill is about challenging the ways in which education is delivered.
It is very important that we do not forget about attitudes. It does not cost anything—except perhaps people's time—to promote positive attitudes to diversity among staff and pupils. Such changes in culture may take time, but pupils will not benefit from their education if they do not feel welcome in a school, if they are bullied or if they are made to feel like outsiders. Legislation alone will not change that. Many schools and teachers are already doing good work on this and are teaching children about disability as part of the curriculum. However, we have to do more and we have to offer more encouragement. I believe that this Parliament and this bill will play an important role in that.
The mistake that has led to the pupils' records element of the bill has already been referred to. It dates back to the Data Protection Act—of 1998, Mr Russell. I agree that it is unfortunate whenever there is a legislative mistake. We are taking steps to remedy the problem. We all agree that the sooner those steps can be taken the better.
I feel that the chamber is united on this bill. Both parts of the bill are necessary and timely and I ask the Parliament to support it today.
We all have to work together to make legislative proposals work effectively. As far as we can, we will, in the review of special educational needs legislation, work to ensure that the approach is more seamless. However, there will continue to be different acts of Parliament on these subjects on the statute book.
This bill is about planning for all pupils in Scotland who have a disability—whether it is a physical or a mental impairment and whether they need relatively minor additional support or whether they have complex needs and require 24-hour care. Whatever a person's disability, this bill is of importance to them.
Pupils do not need just to be able to get around their school or nursery school. They need to be able to learn in different ways, to receive extra support from school staff and to be able to use information technology and computers or other alternative formats in order to access information. This bill is about challenging the ways in which education is delivered.
It is very important that we do not forget about attitudes. It does not cost anything—except perhaps people's time—to promote positive attitudes to diversity among staff and pupils. Such changes in culture may take time, but pupils will not benefit from their education if they do not feel welcome in a school, if they are bullied or if they are made to feel like outsiders. Legislation alone will not change that. Many schools and teachers are already doing good work on this and are teaching children about disability as part of the curriculum. However, we have to do more and we have to offer more encouragement. I believe that this Parliament and this bill will play an important role in that.
The mistake that has led to the pupils' records element of the bill has already been referred to. It dates back to the Data Protection Act—of 1998, Mr Russell. I agree that it is unfortunate whenever there is a legislative mistake. We are taking steps to remedy the problem. We all agree that the sooner those steps can be taken the better.
I feel that the chamber is united on this bill. Both parts of the bill are necessary and timely and I ask the Parliament to support it today.
In the same item of business
The Deputy Presiding Officer (Mr Murray Tosh):
Con
The next item of business is a debate on motion S1M-2563, in the name of Cathy Jamieson, on the general principles of the Education (Disability Strategies an...
The Minister for Education and Young People (Cathy Jamieson):
Lab
I am glad to uphold that precedent with your permission, Presiding Officer. I would not otherwise have dared to say that I am glad to see pupils from Belmont...
Irene McGugan (North-East Scotland) (SNP):
SNP
The SNP warmly welcomes the use of primary legislation to introduce education accessibility strategies, and fully supports the bill's general principles. How...
Mr Brian Monteith (Mid Scotland and Fife) (Con):
Con
On behalf of the Conservatives, I am pleased to welcome the bill. We welcome it because it aims to improve access to school education for pupils who have dis...
Michael Russell (South of Scotland) (SNP):
SNP
On pupils' records, which form a minor part of the bill, there are two key issues. One issue is confidentiality, which is important, and the other issue is t...
Mr Monteith:
Con
Certainly. I have no difficulty in saying that the authority in question was Fife Council. I do not want to go into more detail, because the matter is curren...
Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD):
LD
The motion is easy to support. I cannot imagine that anyone would disagree with the bill's general principles, which seek to ensure that responsible authorit...
Michael Russell:
SNP
Mr Jenkins made a valid point about small rural schools. Some authorities might regard those rural schools as too expensive to continue in operation if the a...
Ian Jenkins:
LD
I agree.In the long term, we do ourselves no favours if we gloss over those genuine concerns because they relate to complicated and sensitive issues that rel...
Jackie Baillie (Dumbarton) (Lab):
Lab
My colleagues in the Labour party and I have long held the belief that education is the key to unlocking opportunity in later life. It is not the privilege o...
The Deputy Presiding Officer:
Con
I advise members that the prospect is that we may require to bring forward decision time and members' business today. I say that also for the benefit of busi...
Michael Matheson (Central Scotland) (SNP):
SNP
I will continue the consensus by warmly welcoming the bill. However, it is important that what the bill can achieve is kept in context.As Jackie Baillie said...
Mr Kenneth Macintosh (Eastwood) (Lab):
Lab
I welcome the bill. Although, considered in isolation, it addresses only one aspect of educational need, it should be seen as one plank in a raft of measures...
Kate Maclean (Dundee West) (Lab):
Lab
The Equal Opportunities Committee considered the bill and contributed to the Education, Culture and Sport Committee's stage 1 report. In an open letter to th...
The Deputy Presiding Officer (Mr George Reid):
SNP
Before we go on to wrap-up speeches, I inform members that I anticipate that the debate will finish around 4.40 or 4.45. With the agreement of members, I wil...
Mr Frank McAveety (Glasgow Shettleston) (Lab):
Lab
I am filling in for Karen Gillon at short notice, so I ask members to bear with me.Colleagues from the committee have already identified some of the key issu...
Murdo Fraser (Mid Scotland and Fife) (Con):
Con
I reiterate Brian Monteith's comment that the Scottish Conservatives welcome the bill.I will make two brief points on disability strategies, both of which re...
Michael Russell (South of Scotland) (SNP):
SNP
I also shall be brief. There is overwhelming unanimity in the chamber about the bill. We are now into discussions about the detail of how the bill will proce...
The Deputy Minister for Education and Young People (Nicol Stephen):
LD
I would like to continue the constructive tone. I agree with Michael Russell's final remarks about the spirit in which the bill has been debated so far. We h...
Dr Winnie Ewing (Highlands and Islands) (SNP):
SNP
Will the minister give way?
Nicol Stephen:
LD
I shall, but let me just finish.Schools should take reasonable steps to ensure that such children can participate fully in school trips. For example, schools...
Dr Ewing:
SNP
Should accessibility strategies always include deaf children who do not attend schools for the deaf?
Nicol Stephen:
LD
Yes, of course. To answer Dr Ewing's question, let me say that I was pleased that contributors to the debate—especially Jackie Baillie—stressed that the bill...
Michael Russell:
SNP
The minister has highlighted the link between the bill and the record of needs legislation, of which he has acknowledged that radical reform is needed. Can h...
Nicol Stephen:
LD
The short answer is no. I cannot give such an indication today. Announcements on legislative proposals are made as part of the full legislative programme tha...
Irene McGugan:
SNP
Will the minister take an intervention?
Nicol Stephen:
LD
I would be happy to take one final intervention.
Irene McGugan:
SNP
I very much appreciate the minister's giving way. Will he clarify what he said a moment ago about the avenues for redress that are available under different ...
Nicol Stephen:
LD
That is an issue that we debate often. All of us are anxious to ensure that there is as much consistency as possible between the disability legislation and t...