Hansard

I recognise that the management of sex offenders is a difficult subject that challenges politicians in many countries. As we consider that, let us also consider how Margaret Ann Cummings feels when she discusses how we manage registered sex offenders. Her son was murdered when he was eight years old, by registered sex offender Stuart Leggate.

Margaret Ann Cummings is in the public gallery today and I hope that other members will join me in commending her for her good and tireless work over the years on protecting children, and her determination to ensure that communities are protected and that history does not repeat itself. Also to be commended is the housing association movement, much of which is represented in the gallery today.

Ten years ago, the Justice 2 Sub-Committee published 33 recommendations for managing registered sex offenders in Scotland. Ten years on from that publication, a number of recommendations remain to be taken forward. In particular, recommendation number 20 has still not been acted on. That recommendation is for a legal requirement for sex offenders to disclose information about previous convictions on housing applications.

I have pursued that with various justice ministers for the past 10 years, and a number of challenges remain. I work closely with the housing association movement and key figures from community organisations who have expressed concern about the existing arrangements and the lack of progress on recommendation 20.

We can understand those concerns. As we speak, young families are being housed in close proximity to dangerous sex offenders without being aware of it, and that is unacceptable. It is a particular concern for deprived communities because they find themselves being dumped on disproportionately by the allocation policy. If we do not take action, it is only a matter of time before tragedy strikes again, as it did in the case of Mark Cummings.

I recognise that some progress has been made. We have seen the introduction of Sarah’s law, which allows parents to make inquiries into anyone with whom they are in close contact when they believe they might have a history of sexual offences. I recognise that Clare’s law was a significant step forward when it was introduced earlier this year. It allows people to find out whether their partner has a history of domestic violence. I recognise the progress that has been made in those areas, but I pose the question: if we can use the internet to keep men and women safe from violent partners, why can we not use it to protect our children?

It is time for the Parliament to consider a compulsory community notification, such as we see in other parts of the world, including the USA, Australia and South Korea. Each of the 50 states of the US has implemented a different form of compulsory notification, known as Megan’s law, which means providing information about dangerous child sex offenders on an internet database. It is internationally recognised as being one of the most effective programmes in managing registered sex offenders.

An absolutely crucial element of that programme is to distinguish between low-risk and high-risk offenders, which is something that we in Scotland and other parts of the world fail to do. The programme is also well-managed and properly resourced to ensure its effectiveness.

Many of us recognise that providing such information publicly can cause concern, and I acknowledge many of the points that have been made in that respect. However, if we are to properly empower communities, we have to take the recommendation forward. People might feel that it is a step too far, but we can take reasonable steps to protect the information and ensure that those who are searching it are properly vetted before they carry out such a search.

We should also review the sentencing tariffs that are available to deal with child sex offenders in particular. It is time to take forward the sophisticated technology that we have discussed on many occasions in this chamber during the past 10 years. I do not know how many times we have discussed how GPS tracking could be used. It is unacceptable that, in the run-up to 2016, almost 10 years on, we are still discussing the formation of a working group. I would like the minister to advise us how she would take that forward.

In conclusion, I will quote the Premier of Western Australia, Colin Barnett. He said:

“This government has made a very clear choice ... that ...we will ... err on the side of the child and protecting that child”.

I call on the Government to make a similar statement and ask it to support my motion.