Meeting of the Parliament (Hybrid) 25 August 2020
Amendment 36 and my more substantive amendment 46 respond to concerns that were raised with the committee at stage 1 that, at present, intimate and highly sensitive information that is shared by a child with a third sector organisation can be drawn into court proceedings. That appears to happen even when sharing such information goes against the interests of the child in question, and often without the child even knowing. It is not hard to see how that could fundamentally undermine the trust and confidence of children who engage with third-party organisations at a time when they are feeling vulnerable.
At stage 2, I successfully moved an amendment to address the concern, as did the minister. I am grateful to Ash Denham and her officials for the constructive way in which they have engaged with me since stage 2 to tidy up the provisions and make further necessary changes. The area is sensitive, and I recognise the concerns that the Government had in relation to my amendment at stage 2, notably around the use of the term “paramount consideration” and even some potential ambiguity over which child was being referred to.
I believe that my amendment 46 addresses those concerns, while retaining the core principles and protection that I and other committee colleagues sought to have enshrined in the bill. In particular, those are the inclusion of specific reference to
“the best interests of the child as a primary consideration”,
which is in line with the United Nations Convention on the Rights of the Child, and ensuring that a child has the opportunity to express their views to the court, which then needs to take those views into account when decisions are made about sharing their information.
In response to those who are anxious about the potential impact on the rights of others involved in any court process, I repeat the assurance from Children 1st and Scottish Women’s Aid that the changes
“will not prevent information from being shared where it is proportionate and relevant to the court.”
They went on:
“Indeed, our organisations strongly believe that proportionate and relevant information-sharing is in a child’s best interests to keep them safe and ensure the courts are equipped with all the details at their disposal to make informed decisions.”
I thank committee colleagues, the minister and of course Children 1st and Scottish Women’s Aid for helping to get us to this point. I hope that the changes will give children the confidence that they need and should have in their conversations with third sector organisations, which often take place at times of real vulnerability.
I move amendment 36.