Meeting of the Parliament (Hybrid) 10 June 2020
I am certainly happy to work to continue to improve the information-sharing relationship, because it is important. I have to make clear that if new information is added to a scheme member’s record that results in the scheme member being placed under consideration for listing, regulatory bodies and employers would be notified.
Disclosure Scotland has developed a new information technology system and it now controls that by itself, rather than being dependent on an external supplier. That has enabled it to quickly implement solutions in response to Covid-19. That would have been significantly more challenging under the previous system. Its ability to quickly change the system allows Disclosure Scotland to make positive, sustainable improvements, which will enhance its ability to deliver the bill and protect vulnerable groups. The bill’s implementation will build on the existing new system at Disclosure Scotland, and the estimated costs that are set out in the bill’s financial memorandum remain valid.
It is important to highlight the significant work that has been undertaken at Disclosure Scotland in response to the Covid-19 crisis. The requirements of home working and the national imperative to get health and care workers checked without delay required Disclosure Scotland to rapidly deliver change; its response has been phenomenal. Stakeholder feedback about the changes that it has made has been incredibly positive, and I thank everyone at Disclosure Scotland who has made that possible during these unprecedented times.
Although, of course, Disclosure Scotland needs to be in a position to implement the provisions, stakeholders must be ready, too. Digital delivery is only one aspect of implementing these provisions. Some elements of the bill will alter how organisations approach their recruitment practices, and we need to ensure that those organisations are confident about their new rights and responsibilities before the provisions of the bill come into force. True to our approach from the outset of reviewing Scotland’s disclosure system, we will work closely with the stakeholders to map out the steps from the current situation to the post-bill services.
The transition from regulated work to regulated roles must be handled very carefully, at a pace that stakeholders are comfortable with. Stakeholders have been very clear about wanting to do this in a collaborative and iterative way. These changes will not happen overnight. It is not only Disclosure Scotland that needs to be ready; stakeholders must be ready, too.
We are committed to developing better training and guidance, which will be co-designed with stakeholders to ensure that it is more targeted and suits the needs of our users—including children, young people and those who support people with convictions. This bill shows that we are absolutely focused on protecting the most vulnerable people in our society, but also that we recognise that people can—and do—change. It offers a more responsive and individualised approach to disclosure. Together with other recent acts, including the Management of Offenders (Scotland) Act 2019 and the Age of Criminal Responsibility (Scotland) Act 2019, it will transform the situation for Scotland’s children and young people, so many of whom have been marginalised and stigmatised because of state disclosure.
At stage 1 of the Age of Criminal Responsibility (Scotland) Act 2019 we heard moving testimony from Lynzy Hanvidge.
Unfortunately, Lynzy’s story is not unique, and care-experienced young people are more likely to have interactions with the criminal justice system. In recognition of that, the provisions of this bill—building on the Age of Criminal Responsibility (Scotland) Act 2019—have been developed. I believe that they will have a transformational impact on the life chances of someone like Lynzy. The bill provides that some of the barriers to a better future can be removed.
I am delighted to commend the bill to Parliament.