Hansard

I am pleased to open the stage 3 debate on the Disclosure (Scotland) Bill. First, I thank the members and clerks of the Education and Skills Committee for their sincere and constructive scrutiny of the Bill. I also thank stakeholders for their input throughout the process. I am particularly grateful to those who have been able to engage with us amid the uncertainty of the past three months. The bill is important and I am glad to be able to progress it at this time. That would not have been possible without their engagement before and throughout the parliamentary process.

Safeguarding the most vulnerable in society is at the heart of what Disclosure Scotland does, and that has been at the forefront of my mind in these challenging times. The system that we have today is in direct response to the tragic Soham murders of August 2002; we must never forget why the service is so important.

Part 2 of the bill delivers a range of reforms to the protecting vulnerable groups scheme. It strengthens that service to protect the public from those whose past conduct makes them unsuitable to carry out roles with children and protected adults. We will introduce a mandatory PVG scheme for people who carry out such regulated roles. There is overwhelming public support for such a measure, to close the current gaps in the scheme, and I am pleased to deliver the provision.

We will also provide stronger protections to those who engage the services of another in a personal capacity—for example, to those who arrange self-directed care—by ensuring that their employees are included in the PVG scheme. That complements the adjusted referral arrangements for Police Scotland, and new referral powers for local authorities, to support a safer Scotland.

This Government is committed to policies that balance public protection with the right to move on from past offences. As I have said before, those are not contradictory aims; both can be achieved. Last year, the Parliament passed the Age of Criminal Responsibility Act 2019 and the Management of Offenders Act 2019. Part 1 of the bill further delivers on those aims by making vital reforms to state disclosure. Together, all three pieces of legislation provide a transformed disclosure system that can better account for individual circumstances.

As a Government, we want to offer opportunities for everyone to flourish. That includes creating a strong, sustainable workforce, and making sure that no one faces unnecessary barriers to opportunity. Disclosure Scotland will continue to identify people who, given their past behaviours, are unsuitable for regulated roles, and will ensure that they are legally prevented from carrying one out. However, we must also allow people whose history is no longer relevant to move on.

We must give particular consideration to those who were involved in the justice system during childhood. That is especially true for care-experienced people, who are still disproportionately represented in the system. It is widely recognised that having a criminal record can significantly impact on future life chances and outcomes. Since becoming Minister for Children and Young People, I have heard powerful testimony from young people who have had to overcome significant trauma and who should not be haunted by mistakes that were made in their childhood. We have to do more—not only to prevent such experiences from happening in the first place, but to limit the damage that is done in the long term to individuals, families and communities. Those children must not be left behind.

Throughout the bill’s progress, we have heard evidence of care-experienced young people self-excluding from roles that ask for disclosure. Whether they exclude themselves due to childhood mistakes or uncertainty around how to navigate disclosure, the bill will transform their access and allow their voices to be heard.

Under the bill, there will be no disclosure period for the vast majority of childhood convictions as they will be immediately spent under the Rehabilitation of Offenders Act 1974 in Scotland. Public protection will be served by provisions that draw a line around only the most serious criminal behaviour in childhood. That most serious behaviour will remain eligible for state disclosure and a duty will remain on the individual to self-disclose it, when asked by an employer, while it is unspent.

I am absolutely committed to ensuring that the reforms in the bill are clearly communicated to young people and those who support them. I recognise that, even with the reforms, the disclosure system can be intimidating and difficult to understand. I look forward to working with our stakeholders to ensure that everyone is able to access their rights.

The Education and Skills Committee recommended at stage 1 that the bill include guiding principles for decision making. Working together, we have ensured that those are included and apply to decisions under the bill, the Protection of Vulnerable Groups (Scotland) Act 2007 and the Age of Criminal Responsibility (Scotland) Act 2019. That will provide helpful legal clarification on how decisions are made.

Once again, I am very proud to be moving the motion on the bill at stage 3. At the heart of every justice reform that the Government has introduced is our absolute belief that people are capable of change. Over the past three months, tens of thousands have volunteered to support their communities in these incredibly challenging times. Some of them may even have committed offences in the past, but today they are positively contributing to our national effort. The bill maintains and strengthens the safeguarding offered by state disclosure. However, it also recognises that people should be able to move on from their past. I move,

That the Parliament agrees that the Disclosure (Scotland) Bill be passed.