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Chamber

Meeting of the Parliament (Hybrid) 27 May 2020

27 May 2020 · S5 · Meeting of the Parliament
Item of business
Children (Scotland) Bill: Stage 1
Regan, Ash SNP Edinburgh Eastern Watch on SPTV

I am grateful to the member for raising that issue. He will recall that I met him and his constituents so that I could hear from them at first hand about the matter. He highlights the important role that grandparents play in children’s lives. For that reason, in our “Family Justice Modernisation Strategy” I committed to further promotion of the charter for grandchildren.

I have considered the issue very carefully, but I am of the view that an automatic right of contact is not appropriate for a number of key reasons. An automatic right for children to have contact with grandparents would have substantially the same implications as an automatic right for grandparents to have contact with their grandchildren. Such an automatic right would cut across the general provisions of the bill, in which the most important thing is the interests of the child. For that reason, I do not think that it is appropriate to include that provision in the bill. However, one of the factors in the checklist that is included in the bill is that the court must take into account the relationships that are important to the child, and it is envisaged that the relationship with grandparents will be one of those. I hope that the member is reassured by that.

The main aims of the bill are to ensure that the interests of children are at the very heart of family justice modernisation and to ensure that the views of the child are heard. In particular, the bill’s provisions represent a step forward in ensuring that the child’s best interests are at the centre of all contact and residence cases, in ensuring that the views of the child are heard, in further protecting victims of domestic abuse and their children in family court proceedings, in ensuring further compliance with the United Nations Convention on the Rights of the Child, and in ensuring that relationships between brothers and sisters are promoted for children in care.

In the same item of business

The Deputy Presiding Officer (Lewis Macdonald) Lab
The next item of business is a stage 1 debate on motion S5M-21834, in the name of Ash Denham, on the Children (Scotland) Bill. 15:05
The Minister for Community Safety (Ash Denham) SNP
Presiding Officer, thank you for giving me the opportunity to address the Parliament on the general principles of the Children (Scotland) Bill. I am delighte...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
Does the minister recognise that, in that consultation, children overwhelmingly supported the right of children to have meaningful relationships with grandpa...
Ash Denham SNP
I am grateful to the member for raising that issue. He will recall that I met him and his constituents so that I could hear from them at first hand about the...
Neil Findlay (Lothian) (Lab) Lab
The minister mentions brothers and sisters. The Justice Committee’s recommendations on the bill include the ask that the word “practicable” be removed from s...
Ash Denham SNP
The relationship between siblings is very important, and we really want the duties to be implemented in practice. We will continue to work with local authori...
Jamie Greene (West Scotland) (Con) Con
I apologise—I am not on the Justice Committee, so I have not followed the bill all the way through. Will the minister explain how, if all children are treate...
Ash Denham SNP
That is part of what the bill will do. It will attempt to give all children an opportunity to express their views in a way that is suitable to them. In doing...
The Deputy Presiding Officer Lab
Margaret Mitchell will now speak on behalf of the Justice Committee. 15:22
Margaret Mitchell (Central Scotland) (Con) Con
As the convener of the Justice Committee, I am pleased to have the opportunity to speak in the stage 1 debate on the Children (Scotland) Bill and to thank al...
Liam Kerr (North East Scotland) (Con) Con
I remind members that I am a practising solicitor holding certificates with the law societies of England and Wales, and Scotland. In opening for the Conserva...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Does the member agree that section 16 could provide a safeguard for parents who are protecting their children from domestic abuse? That can be a very good re...
Liam Kerr Con
I do. That is an important point, and I am grateful to Rona Mackay for making it. However, on balance, the evidence that we heard leads me to believe that se...
Neil Findlay Lab
I encourage the minister to listen to that point. I do not want to speak for other parties but, given what Liam Kerr seems to be saying, it would appear that...
The Deputy Presiding Officer (Linda Fabiani) SNP
The minister is not on her feet and speaking just now. If Mr Kerr would like to stand up and take an intervention from the minister, that will be acceptable....
Liam Kerr Con
I am grateful, Presiding Officer. I will take an intervention from the minister.
Ash Denham SNP
I reassure Neil Findlay that I am, of course, listening to everything that is being said in the debate and making careful notes on it. He will note that the ...
The Deputy Presiding Officer SNP
Minister, you are intervening on Mr Kerr. We can always rely on Mr Findlay to get us all confused. Laughter.
Ash Denham SNP
My apologies. I will of course be happy to meet both members in order to discuss the issue further.
Liam Kerr Con
I am grateful for that. I am grateful to both members for their interventions, because the point is well made. However, I want to develop it slightly, becaus...
Ash Denham SNP
Will the member take an intervention?
Liam Kerr Con
Do I have time, Presiding Officer?
The Deputy Presiding Officer SNP
Yes.
Liam Kerr Con
Thank you. I will take the intervention.
Ash Denham SNP
The independent care review report, which is entitled “Follow the Money”, provides reassurance that there is that money in the system. In this year’s local g...
Liam Kerr Con
I am grateful to the minister, but that does not change the fact that there is nothing on the subject in the financial memorandum. I believe that my point is...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
Will the member take an intervention?
The Deputy Presiding Officer SNP
We do not have any more extra time. Perhaps you can contribute later, Mr MacGregor.
Liam Kerr Con
I came to the bill from a standing start. I had not done anything in the family courts, except for some second-hand personal experience, since the very start...
James Kelly (Glasgow) (Lab) Lab
I thank the Justice Committee clerks for putting together the report under very difficult circumstances, particularly towards the end of the process, when th...