Meeting of the Parliament (Hybrid) 10 June 2020
My apologies, Presiding Officer. I thank all my fellow speakers for giving me so much time to expand on the points that I want to make today.
Increasingly, organisations—from businesses to those in the public sector—are faced with difficult questions about safeguarding vulnerable people and how they accommodate people who have previously been convicted of crime. There has always been a delicate balance to maintain, and it reaches to the heart of our justice system. A great deal has been said about the sometimes competing interests of retribution, rehabilitation and reparation.
In more practical terms, we know all too well the problems that are faced by institutions when vulnerable people, especially children, have not been adequately safeguarded. Too many lives have been destroyed and too many people still carry the scars—physical and mental—of abuse that could have been prevented. It is right that the needs of victims and those who are at risk come uppermost in our considerations, but we must recognise the broader needs of society and those who have criminal convictions. That is what the minister dubbed
“the right of people to move on from their past behaviour.”—[Official Report, 16 January 2020; c 55.]
Criminal behaviour carries—in many cases, quite properly—a stigma. However, once a person is released into the community, we cannot expect them to find constructive rehabilitation if they cannot contribute through employment but also, if appropriate, through other means, such as volunteering.
The bill is welcome. It streamlines a complex system and helps users to navigate it more effectively. Some of the work at stage 2 has also improved the bill. The need for effective rehabilitation for people who committed offences as children is even more pressing. The broad direction of travel seems to have been widely welcomed.
The bill places weighty powers in the hands of the Scottish Government to decide what is reasonable in any particular case. Such powers must clearly be used sensibly, with consideration given not only to what is serious but to whether something presents a serious future risk. Undoubtedly, a number of the provisions will have to be monitored once they are implemented. That is not a criticism of the Government’s bill but simply an acknowledgement of the difficulties that are inherent in this area of law.
The bill makes sensible changes to a vital system that provides protection for some of the most vulnerable in our society. There are a great many provisions in the bill, and it would be impossible to touch on them all, despite their importance. However, what is necessary is that the principles and purpose of the systems that the bill creates and modifies are foremost in our minds. The proposals make a number of substantial improvements. Conservative members will support the bill.