Committee
Education, Lifelong Learning and Culture Committee 06 October 2010
06 Oct 2010 · S3 · Education, Lifelong Learning and Culture Committee
Item of business
Children’s Hearings (Scotland) Bill: Stage 2
The amendments have been proposed by the Law Society of Scotland and are designed simply for clarification, to improve understanding of the bill and to reinforce the existing policy intention.Amendment 180 would add a direction to the definition of area support team in schedule 1. The concept of an area support team is new and the reference to it in section 77 is isolated. The addition of a direction to the definition of area support team will make the provision clearer to those who are reading or interpreting the section.Amendments 181 and 182 are to clarify the right of journalists to attend hearings and what they may report. Amendment 181 provides that section 174, which covers publishing restrictions, should be taken into account as well as section 77(5). Currently, newspaper representatives are admitted to children’s hearings, but there are restrictions on publishing in section 174. Those restrictions allow an appropriate balance of rights under articles 8 and 10 of the European convention on human rights. The purpose of amendment 181 is to reinforce those rights in section 77.09:45 Amendment 182 provides further directions to the chairing member about what he or she needs to explain to a newspaper or press agency representative following a hearing. The current provision is discretionary but, for the avoidance of doubt, amendment 182 reinforces the fact that the chairing member does not have to disclose all that was said while a newspaper reporter was excluded. It introduces the words:“where appropriate to do so”.I move amendment 180.
In the same item of business
The Convener (Karen Whitefield)
Lab
Good morning. I open the Education, Lifelong Learning and Culture Committee’s 25th meeting in 2010. I remind all committee members and all in the public gall...
The Convener
Lab
Amendment 127, in the minister’s name, is grouped with amendments 128 to 131, 161, 162, 170 and 171.
The Minister for Children and Early Years (Adam Ingram)
This group of amendments relates to referrals from a sheriff under section 12 of the Antisocial Behaviour etc (Scotland) Act 2004 when a child is made subjec...
The Convener
Lab
Amendment 132, in the name of the minister, is grouped with amendments 133 to 137, 306, 163 and 169. I invite the minister to move amendment 132 and to speak...
Adam Ingram
This group of largely technical amendments is intended to clarify how cases that are remitted by the criminal court under section 49 of the Criminal Procedur...
The Convener
Lab
Amendment 138, in the name of the minister, is grouped with amendments 139 to 148, 153, 192, 313, 314, 158, 160,164 and 166. I invite Mr Ingram to move amend...
Adam Ingram
This group of amendments relates to attendance at hearings. Amendments 138, 139, 143, 144, 146 and 147 will ensure that the power of a hearing to excuse a ch...
The Convener
Lab
Amendment 180, in the name of Ken Macintosh, is grouped with amendments 181 and 182.
Ken Macintosh (Eastwood) (Lab)
Lab
The amendments have been proposed by the Law Society of Scotland and are designed simply for clarification, to improve understanding of the bill and to reinf...
Adam Ingram
Ken Macintosh has raised some interesting issues in lodging his amendments in this group. Section 77 is an important section, listing as it does the persons ...
Ken Macintosh
Lab
I thank the minister for his comments. Amendment 180 was lodged for the purpose of clarification. The minister has explained that he does not feel that it is...
The Convener
Lab
I call amendment 182, in the name of Ken Macintosh, which was also debated with amendment 180.
Ken Macintosh
Lab
Not moved.
The Convener
Lab
The question is—
Ken Macintosh
Lab
I beg your pardon. Sorry, convener, I got too carried away. Can I move amendment 182? I was one step behind myself.
The Convener
Lab
This is highly irregular and I really do not want to set a precedent but, as the minister was kind enough to offer support for amendment 182 and it has unive...
The Convener
Lab
Amendment 183, in the name of Ken Macintosh, is grouped with amendments 221, 150, 184, 222, 185 to 188, 154, 155, 319, 203, 321 to 324, 204 to 206, 325 to 32...
Ken Macintosh
Lab
It is probably sensible to think of the amendments to which I will speak as being in three separate sub-groups: amendments 183, 184, 187, 203 to 206 are all ...
The Convener
Lab
I point out to members that there is the potential for pre-emption with some amendments in the group.
Adam Ingram
The amendments in the name of Ken Macintosh propose changes to provisions in the bill to do with deemed relevant person status. The amendments relate to comp...
The Convener
Lab
I thank the minister for those extensive comments on what is a particularly large and complex group of amendments. As no other member wishes to speak, I ask ...
Ken Macintosh
Lab
I welcome some of the minister’s comments. Some were very helpful and others less so—but I will come to that in a moment.Taking amendments 186 and 188 first,...
The Convener
Lab
The question is, that amendment 183 be agreed to. Are we agreed?Members: No.
The Convener
Lab
There will be a division.ForBaker, Claire (Mid Scotland and Fife) (Lab)Macintosh, Ken (Eastwood) (Lab)Whitefield, Karen (Airdrie and Shotts) (Lab)AgainstAlla...
The Convener
Lab
The result of the division is: For 3, Against 5, Abstentions 0.Amendment 183 disagreed to.Amendments 221 and 150 moved—Adam Ingram—and agreed to.
The Convener
Lab
Amendment 151, in the name of the minister, is grouped with amendments 343 and 361 to 364.
Adam Ingram
The amendments in this group are fairly technical and will help to clarify the operation of the provisions that deal with secure accommodation.Amendment 151 ...
The Convener
Lab
Amendment 152, in the name of the minister, is grouped with amendment 167.
Adam Ingram
Section 170 enables the Scottish ministers to make rules about procedural arrangements for children’s hearings and pre-hearing panels and, in particular, ena...
The Convener
Lab
Amendment 156, in the name of the minister, is in a group on its own.