Hansard

Today, I will set out the Government’s response to the recommendations that I received from the interaction action plan review group on the provision of financial redress for victims and survivors of abuse in care.

I am pleased to see many of the review group’s members in the public gallery today. The First Minister and I met the group before we came to the chamber today, and we thanked them personally for their commitment, time and collaborative approach to that work. I recognise that, for many survivors, their campaign for justice began a long time ago, which has added to their suffering. I am keenly aware that some who began that process are sadly no longer with us. We remember them today, in this statement.

In November 2016, I made a commitment to a formal process of consultation and engagement on the matter of financial redress. I asked the review group to take that forward, in partnership with the centre for excellence for looked after children in Scotland—CELCIS. The review group oversees the implementation of the “Action Plan on Justice for Victims of Historic Abuse of Children in Care”, which was published in 2014. Members of the group include survivors—some of whom represent groups, and others who are independent—a care provider representative, Social Work Scotland, the Scottish Human Rights Commission, CELCIS and the Scottish Government.

The review group reported to me on 5 September 2018. I commend it for the substantial work that it has carried out in arriving at its recommendations. Together, its members have designed and carried out a national consultation with survivors, researched redress schemes in other countries, and had engagement with providers of care services to gather their initial high-level views. The group has drawn on the findings of each of those to agree recommendations, taking the time to work through difficult issues in a collaborative and constructive way. There has been a strong survivor voice and presence throughout the process.

In addressing the group’s recommendations, the Scottish Government whole-heartedly accepts the need to acknowledge and provide tangible recognition of the terrible harm that was done to children who were abused in care by those who were entrusted to look after them. The group’s main recommendation is to establish a financial redress scheme, and to pass legislation before the end of this parliamentary session. The Scottish Government accepts that recommendation and commits to doing so, subject to parliamentary approval.

The review group also recommends that advance payments are made, as soon as possible, to survivors who may not live long enough to apply to a statutory scheme due to either ill health or age. Further information from the review group indicates that, in the case of ill health, a definition of “approaching end of life” that is based on advice from medical professionals should be used. In the case of age, it is recommended that the threshold be set at age 70 and over, and be subject to review. The Scottish Government accepts those recommendations for an advance payments scheme.

The other recommendations are about important aspects of the design of the statutory redress scheme that the review group has asked to be considered in the next steps. Those aspects are important to the survivors who took part in the consultation, and we agree that they will be given further consideration in the detailed and complex work that lies ahead.

As part of that work, and with advice from the SHRC, the review group has given careful and specific consideration to the position of survivors whose abuse occurred before 26 September 1964. Despite the introduction of the Limitation (Childhood Abuse) (Scotland) Act 2017, survivors whose rights to compensation were extinguished through the law of prescription are unable to pursue their case through the civil courts.

The review group’s letter states that the recommendation to establish a financial redress scheme would provide an alternative compensation mechanism to the civil courts. The letter also states that it is important that a redress compensation mechanism is open to all survivors of in-care abuse, as there are many reasons that a survivor may not be able to access civil justice.

The letter recognises that the implementation of a statutory redress scheme will take some time. In that context, the review group recommends advance payments for survivors who may not live long enough to apply to a statutory scheme, many of whom will be pre-1964 survivors.

Scotland will establish a financial redress scheme for survivors of in-care abuse, and it will be open to all in-care survivors, regardless of when that abuse took place. We will progress, without delay, to detailed design of a redress scheme, ensuring that we learn lessons from other countries. The legislation, subject to parliamentary approval, will be passed by the end of this parliamentary session.

We will also begin discussions with providers of care services to consider ways in which we can respect the recommendation that all those responsible should contribute to a redress scheme. We will move to make advance payments as soon as we possibly can. It will take some months to develop and set up the scheme, but we will do so with urgency. I will update Parliament on progress on our implementation of the review group’s recommendations in January.

We set up the Scottish child abuse inquiry in 2015 to investigate the nature and extent of the abuse of children while in care in Scotland, and the failures that allowed it to happen. The inquiry is making significant progress: it has published its first findings, and opening statements for its third case study began this morning. We have heard harrowing evidence of the appalling mistreatment and abuse of children in care settings all across Scotland. In due course, the inquiry will publish its final report and will make recommendations to improve legislation, policy and practice, but we do not need to wait until then to recognise that we failed victims and survivors—it is clear that we did. We must acknowledge that and respond with compassion and humility.

In 2004, the then First Minister, Jack McConnell, offered a sincere apology on behalf of the people of Scotland to those who were subjected to abuse and neglect while in care in Scotland. Today, on behalf of the Scottish Government, I offer an unreserved and heartfelt apology to everyone who suffered abuse in care in Scotland. We are deeply ashamed of what happened.

I know that nothing can ever make up for the suffering that survivors have endured. Nonetheless, they have told us that redress is an important element of justice and that it would provide some degree of recognition and acknowledgement. That is why we will have a redress scheme in Scotland, which will treat survivors with sensitivity and respect.

As the inquiry progresses, the detailed nature of failings on the part of public and private institutions will become clearer. We as a Government—indeed, we as a Parliament—will be listening and learning. We will want to apologise again to survivors and their families when the full extent and nature of those failings are known, as the Australian Prime Minister did so powerfully yesterday. The courage and determination of survivors to speak out for justice, and to protect children today and in the future from experiencing the abuse that they suffered, are inspiring and have been unwavering.

Presiding Officer, I want to address survivors directly and to say to them today: we believe you, and we are sorry. [Applause.]