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Chamber

Meeting of the Parliament (Hybrid) 19 January 2021

19 Jan 2021 · S5 · Meeting of the Parliament
Item of business
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: Stage 1

It is a privilege to speak in this stage 1 debate on the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and to open for Scottish Labour. The significance of the proposed legislation cannot and should not be underestimated. It will have a life-changing and lifelong positive impact on all our children.

As a member of the Equalities and Human Rights Committee, I thank my fellow committee members for the consensual and productive way in which we have all approached the bill. I also take this opportunity to thank our clerks for their hard work and dedication. Given the slightly more rushed timetable than we normally expect, I am grateful for their tireless efforts to get us to this stage.

I also thank the various organisations and individuals who presented written and oral evidence to the committee. We cannot do our jobs without their valuable input, so their time and expertise are very much appreciated.

The bill represents a pivotal piece of legislation, which I fully support in principle. Any bill that we pass that makes our access to human rights more robust is one that we should all whole-heartedly support, no matter the party of which we are a member.

For me, one of the biggest takeaways from the evidence sessions is that here in Scotland we are so fortunate to have so many organisations looking out for the best interests of our children. That is what the bill seeks to achieve. Through strengthening access to children’s rights, we are acting in their best interests.

Children in Scotland who are under the age of 16 cannot vote so, unlike the majority of the population, they have no choice in who represents them in Parliament. That is why it is our responsibility to be the best possible voice for our children. We must always seek to protect them, to improve their life chances and to ensure that they grow up in a safe and secure environment that will enable them to become citizens who live lives of fulfilment.

Every choice that we make in Parliament that directly impacts on a child’s life must be taken that much more seriously. Incorporation into Scots law of the United Nations Convention on the Rights of the Child will give our children more power over their own lives—it will give them their own voice more.

There is an old saying that children should be seen and not heard. I disagree with that. When children are heard, we get to understand a different point of view. Sometimes we learn from children, rather than the other way around. If a child is in pain and we ignore that pain, that pain will not just go away; it will become chronic. When we respect and empower our children we can support them better and end any potential cycle of pain for them.

I thank the Deputy First Minister for attending the committee and for his comments on our stage 1 report. However, I have a couple of issues that I would like to raise. I think that we need an amendment to ensure that the definition of “public authority” is robust. An updated definition would make the bill stronger and ensure that there are no problems with clarity down the line. That should be a priority at stage 2, so I welcome the comments that the Deputy First Minister has already made in that regard.

I appreciate that the Scottish Government intends that commencement of the bill will happen as soon as possible, but we all have different interpretations of what that means. I therefore express my support for a specific commencement timetable being published. The bill is desperately needed, so it is crucial that we are all on the same page. A timetable would allow us to do our job and to hold the Government to account.

I would also like to make it clear that it is very important to ensure that children are made aware of what the bill will mean for them. Children will not use the tools that are available to them if they do not know how to use them. We know that some children will have more difficulty than others in accessing the information. That key issue was highlighted in evidence sessions.

Ample resources to reach children in marginalised communities are needed. Children who are part of the Gypsy Traveller community, children who are refugees and children who are affected by imprisonment are just a few of the groups that need those resources. Those are all groups of children who might face more discrimination than others, so it is vital that they understand how they can use their rights in practice.

In closing, I note that we know that this has been an incredibly tough year for children—from having their education interrupted to spending but little time with family and friends, and with the uncertainty of what the future holds for them. By passing the bill, we can give them back some certainty. We can give them empowerment over their own lives and we can ensure that they can always access their rights in a court of law. When we not only protect but respect our children, we give them room to flourish.

I look forward to listening to the contributions of members from across the chamber. I give my commitment and the commitment of the Scottish Labour Party to work, as the bill makes its way through Parliament, with the Deputy First Minister, colleagues from across the chamber and organisations that work daily to support and protect Scotland’s children.

I look forward to decision time, when Parliament will agree to pass the bill at stage 1.

16:28  

In the same item of business

The Deputy Presiding Officer (Lewis Macdonald) Lab
The next item of business is a debate on motion S5M-23883, in the name of John Swinney, on the United Nations Convention on the Rights of the Child (Incorpor...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney) SNP
At a time when our country is wrestling with the difficulties and challenges resulting from Covid—the disruption to our lives and the burden and sense of los...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I congratulate the cabinet secretary on an excellent bill. Does he agree that in order to be world leaders in children’s rights, we need to have an age of cr...
John Swinney SNP
The issues in relation to the age of criminal responsibility have been well rehearsed in Parliament and will continue to be debated as a consequence of the p...
The Deputy Presiding Officer Lab
I call Ruth Maguire to speak on behalf of the Equalities and Human Rights Committee. 16:02
Ruth Maguire (Cunninghame South) (SNP) SNP
I am pleased to speak on behalf of the Equalities and Human Rights Committee in the debate. It has been 30 years since the UK ratified the UN Convention on t...
Alexander Stewart (Mid Scotland and Fife) (Con) Con
I am delighted to open on behalf of the Scottish Conservatives in this important stage 1 debate. I extend my thanks to the committee clerks and all those who...
Mary Fee (West Scotland) (Lab) Lab
It is a privilege to speak in this stage 1 debate on the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and to open for...
Ross Greer (West Scotland) (Green) Green
This is the first stage in a historic process for the Parliament and for Scotland’s young people. It is an important milestone in the wider efforts to codify...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I thank the Equalities and Human Rights Committee’s clerks, and I thank the witnesses—in particular, the children and young people who gave us very full evid...
The Deputy Presiding Officer (Christine Grahame) SNP
I was somewhat amused by your “Finally finally”, which a few members use. 16:40
Gillian Martin (Aberdeenshire East) (SNP) SNP
I will talk about the outreach that the committee did on the bill. It is important to stress how valuable and comprehensive it was, and to commend the childr...
Jamie Greene (West Scotland) (Con) Con
For the avoidance of doubt, I start by saying that Scottish Conservative members support the bill in principle. If we voice technical concerns, that is a rea...
The Deputy Presiding Officer SNP
Mr Greene must close, so he cannot take an intervention.
Jamie Greene Con
Given the genuine cross-party ambition to improve outcomes for all young Scots, let the bill not become one of those bad laws. 16:52
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
It gives me great pleasure to speak in today’s historic debate. We often use the word “historic” in this Parliament, but we rarely use it as appropriately as...
Elaine Smith (Central Scotland) (Lab) Lab
I welcome the Equalities and Human Rights Committee’s support for the incorporation of UNCRC into Scots law, which is long overdue, and its work on the stage...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
The bill that we are debating is crucial to our nation’s future and I will be delighted to agree to its general principles at decision time—in fact, to quote...
Alison Harris (Central Scotland) (Con) Con
As a member of the Equalities and Human Rights Committee, I am pleased to speak about children’s rights today. I hope that we are able to do the issue justic...
The Deputy Presiding Officer SNP
We move to closing speeches. Mr Gray, you will need to put your card in for anything worth while to happen. After all this time—it is so easily done. 17:17
Iain Gray (East Lothian) (Lab) Lab
I am delighted to find myself closing the debate for the Labour Party, because incorporation of the UNCRC into Scots law is a policy that we have long suppor...
Alex Cole-Hamilton LD
Does Iain Gray recognise that, at eight, the age of criminal responsibility in Scotland is lower than it is anywhere else in the British isles and in those h...
Iain Gray Lab
That is the case, and it makes it worse to know that we passed legislation to move on from that position but that that law has not been commenced. That is wh...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con) Con
I am delighted to close the debate on behalf of the Scottish Conservatives and I place on record my thanks to the Equalities and Human Rights Committee for i...
The Deputy Presiding Officer SNP
I call the Deputy First Minister, John Swinney, to close the debate for the Scottish Government. 17:30
John Swinney SNP
I draw the debate to a close with a word of thanks to members of the Scottish Parliament across the political spectrum for their contributions to the debate ...
Neil Findlay (Lothian) (Lab) Lab
I have not been following the bill closely, but an answer that I got today to a parliamentary question said that the Government did not know how many childre...
John Swinney SNP
Mr Findlay clearly has not been following the debate. We did a data collection exercise with local government last summer, which identified 70,000 young peop...
Alex Cole-Hamilton LD
Will the cabinet secretary give way?
John Swinney SNP
I simply put that detail on the record to make it clear that what Mr Cole-Hamilton put on the record earlier is not a clear, accurate and comprehensive disti...