Chamber
Meeting of the Parliament 16 January 2020
16 Jan 2020 · S5 · Meeting of the Parliament
Item of business
Disclosure (Scotland) Bill: Stage 1
Since the Rehabilitation of Offenders Act 1974 was developed, the period of disclosure has always been set from the date of conviction and based on the disposals upon conviction. That is the most straightforward approach to take. In the period between offence and conviction, there is nothing to protect an individual from, because they are not yet carrying the status of a person with a conviction.
We decided to take a different approach, following the model in the Age of Criminal Responsibility (Scotland) Act 2019. Doing that will ensure that we deliver on our commitment to treat childhood offending as being different from adult offending behaviour. So, in the Disclosure (Scotland) Bill, as in the Age of Criminal Responsibility (Scotland) Act 2019, we are using the date of offence.
The presumption that is provided for in section 41 of the bill is there to deal with borderline cases in which the behaviour was committed under the age of 18 but the conviction occurred after the individual had turned 18. I hope that that reassures the member that we have considered that complexity and made the appropriate choices.
In the same item of business
The Deputy Presiding Officer (Christine Grahame)
SNP
The next item of business is a debate on motion S5M-20452, in the name of Maree Todd, on the Disclosure (Scotland) Bill at stage 1. 14:54
The Minister for Children and Young People (Maree Todd)
SNP
I am pleased to open the debate on the general principles of the Disclosure (Scotland) Bill. I thank everyone who has contributed to developing the bill so f...
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
The minister’s point about how such incidents can affect future chances is very well made. However, a concern was raised about whether sufficient considerati...
Maree Todd
SNP
We have given a great deal of consideration to the committee’s concerns about the disclosure of other relevant information, or ORI. I assure Mr Johnson that ...
Liz Smith (Mid Scotland and Fife) (Con)
Con
I entirely agree with the minister about the sensitivities over the issue—what she has just said is absolutely right. One issue that was put to the committ...
Maree Todd
SNP
The bill proposes that an individual who requests a disclosure certificate will see the information about them that is to be disclosed before the employer do...
The Deputy Presiding Officer
SNP
I call Clare Adamson to speak on behalf of the Education and Skills Committee. 15:07
Clare Adamson (Motherwell and Wishaw) (SNP)
SNP
As the convener of the Education and Skills Committee, I thank the committee members and the clerking team for their support during the stage 1 deliberations...
The Deputy Presiding Officer
SNP
No, no—you can have a bit of extra time if you need it. I saw you looking anxiously at the clock, but we have a little time in hand.
Clare Adamson
SNP
I will conclude by reiterating that the committee supports the general principles of the bill. However, we believe that there are several areas of the bill t...
The Deputy Presiding Officer
SNP
There is a little time in hand, so I will not be too restrictive on timing—within limits. 15:17
Liz Smith (Mid Scotland and Fife) (Con)
Con
I put on record the fact that I hold a current PVG certificate. The Disclosure (Scotland) Bill was introduced in Parliament on 12 June 2019, and it is clear...
Maree Todd
SNP
Since the Rehabilitation of Offenders Act 1974 was developed, the period of disclosure has always been set from the date of conviction and based on the dispo...
The Deputy Presiding Officer (Linda Fabiani)
SNP
That was a long intervention. I can give you extra time, Ms Smith.
Liz Smith
Con
That is a welcome clarification, and I fully understand the rationale behind what the minister has just said. It is encouraging that that has been considered...
The Deputy Presiding Officer
SNP
I can quite happily give you another minute or so.
Liz Smith
Con
Thank you. These are important points. I turn to volunteering, which my colleague Brian Whittle will focus on. The purpose of the bill must be about trust i...
Iain Gray (East Lothian) (Lab)
Lab
I am pleased to join the welcome in the chamber for the bill, following the committee’s report. As members from other parties in the chamber will, my Labour ...
Ross Greer (West Scotland) (Green)
Green
As a PVG scheme member, I found the stage 1 process interesting. Robust and efficient safeguarding procedures are essential for protection of vulnerable grou...
Beatrice Wishart (Shetland Islands) (LD)
LD
The process of disclosure rests on the ability to have both consistency and discretion so that the system is able to ensure both fairness and protection. I a...
The Deputy Presiding Officer
SNP
That concludes the opening speeches. We move to the open debate. Speeches should be about six minutes, please. I have a little bit of time in hand for interv...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
I am happy to speak in this stage 1 debate. I consider it necessary to introduce the bill at this time. Perhaps the best way to explain why is by quoting the...
Brian Whittle (South Scotland) (Con)
Con
I remind Parliament that I currently hold a PVG certificate, primarily because I am still active in coaching all age groups, and vulnerable groups. I am plea...
Alex Neil (Airdrie and Shotts) (SNP)
SNP
I welcome the bill. Over the past 20 years or so, the Parliament has passed very few bills that will impact on as many people in Scotland as the Disclosure (...
The Deputy Presiding Officer
SNP
I remind members to always use colleagues’ full names when they refer to them in their speeches. I know that we are all pals, but it is useful for the offici...
Mary Fee (West Scotland) (Lab)
Lab
I thank the Education and Skills Committee for its work throughout stage 1, which has provided us with an informative stage 1 report. I also express my grati...
Jenny Gilruth (Mid Fife and Glenrothes) (SNP)
SNP
I thank the Education and Skills Committee clerks, the bill team and all the witnesses who provided evidence ahead of the publication of our stage 1 report. ...
Maurice Corry (West Scotland) (Con)
Con
I welcome this first stage of the Disclosure (Scotland) Bill, and I thank the members of the Education and Skills Committee and the clerks for their efforts ...
Gail Ross (Caithness, Sutherland and Ross) (SNP)
SNP
I add my thanks to the clerks, my fellow committee members and everyone who has given evidence to the Education and Skills Committee, both in writing and in ...
The Presiding Officer (Ken Macintosh)
NPA
We move to closing speeches. 16:31