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Chamber

Meeting of the Parliament (Hybrid) 17 December 2020

17 Dec 2020 · S5 · Meeting of the Parliament
Item of business
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill: Stage 1

I understand and accept that relationship. We all want maximum participation in the scheme for the benefit of everyone: contributing organisations, the taxpayer and so on. We must make the pot as large as it can be, but there has been no evidence—the committee took none—of the link between the concept of the waiver and participation. The real problem for the contributing organisations was the open-ended liability that would be placed upon them. The sums of money that they would have to pay up front have not been quantified to the committee, but those huge sums of money would come out of organisations’ working cash reserves and would directly affect their abilities to be on-going concerns. It was nothing to do with the waiver. I do not make that link in the way that the cabinet secretary does.

There is a conundrum there that needs to be resolved. Linked to that are the payment levels, which create a hierarchy of abuse. That makes some people incredibly uneasy, but is it necessary to compensate at higher levels with higher evidence thresholds? Again, the Government will have to contend with that. I do not think that the pound and pence value needs to be in the bill, because value changes over time, and I hope that the cabinet secretary will reflect on that.

I have limited time, but there are two other areas that I want to briefly touch on. One is the application process and who can apply. We want a survivor-centric approach to be at the heart of the bill’s operation. This must be an easy-to-navigate, inclusive process. That leads me to an important discussion about who should be eligible to apply to the scheme. There is a serious moral question about whether making a payment from the public purse to someone who has been convicted of the most heinous acts of violence, sexual violence or harm to children is fair or in the public interest. The committee rightly recognises that some offending behaviours can be rooted in trauma caused by abuse. Any survivor of abuse should therefore be eligible to participate in the scheme, but the bill itself cannot be the moral arbiter. My view is that it is right and fair that the awarding panel should make those decisions based on clear guidance and parameters and on individual evidence. That is a fair compromise, and one on which the committee reached consensus.

The final issue is that of an apology. “Sorry” is the hardest word, but an apology will go a long way. Helen Holland told the committee that, for some victims,

“an apology is the most sacred thing that could come out of this”.—[Official Report, Education and Skills Committee, 28 October 2020; c 10.]

Some victims even said that they would forgo money in favour of an apology.

There are other ways to support victims. The committee encourages those. We also encourage the Government to look at other countries’ schemes and I hope that the cabinet secretary will reflect on those asks.

This is a short debate on a big report. I end knowing that those who engaged with the committee have done themselves proud. It is not an easy bill. There is debate about what should be included in it and there are warnings from all sides about possible barriers to participation. There is much work to do: the cabinet secretary and the Government have a difficult task ahead of them.

My offer is that Conservative members are open to discussion, debate and amendment. We will go into stages 2 and 3 constructively. We will work across parties, with the Government, stakeholders and, not least, with survivors. We all want this to work, because it must. The work of the committee will continue, but the word of apology must now be translated into action.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-23707, in the name of John Swinney, on the Redress for Survivors (Historical Child Abuse in Care) (Scotla...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney) SNP
I am pleased to open this debate on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. The bill is a significant milestone in delive...
Jamie Greene (West Scotland) (Con) Con
I hope that I do not pre-empt Mr Johnson’s question, but does the cabinet secretary accept that, without a cap, the stark reality is that many contributing o...
John Swinney SNP
Mr Greene makes a fair point, but we have to make judgments about the way in which we are able to address survivors’ legitimate aspiration for there to be a ...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I am grateful to the cabinet secretary for giving way. Will he comment on the concept of sustainability being included in the bill, as is highlighted in the ...
John Swinney SNP
That is a reasonable point for us to consider, because there is a fine balance to be struck. Although there is a need for organisations to be held accountabl...
The Deputy Presiding Officer SNP
I call Clare Adamson to open the debate on behalf of the Education and Skills Committee. 15:06
Clare Adamson (Motherwell and Wishaw) (SNP) SNP
As convener of the Education and Skills Committee, I welcome the opportunity to highlight its views on the Redress for Survivors (Historical Child Abuse in C...
The Deputy Presiding Officer SNP
If you have more to say, just say it. We have time.
Clare Adamson SNP
Okay, thank you. That is slightly unusual for you, Presiding Officer.
The Deputy Presiding Officer SNP
Excuse me! I might get piqued by that and change my mind. No, I am too big a person to do that.
Clare Adamson SNP
I am grateful, Presiding Officer, especially as it is a very important bill and we want to give due consideration to the other areas. However, I will conclud...
The Deputy Presiding Officer SNP
Thank you, convener. I call Jamie Greene to open for the Conservatives. 15:16
Jamie Greene (West Scotland) (Con) Con
Thank you, Presiding Officer. I look forward to your generosity in equal measure to members on these benches.
The Deputy Presiding Officer SNP
We do not want to set a trend.
Jamie Greene Con
The stark and sad reality is that there is little that we can do to fully compensate victims of abuse in care. Words, pounds, letters and payments are the ph...
John Swinney SNP
I am grateful to Mr Greene for giving way. He has just made the point that contributions are necessary to limit the impact on the public purse. That is one o...
Jamie Greene Con
I understand and accept that relationship. We all want maximum participation in the scheme for the benefit of everyone: contributing organisations, the taxpa...
The Deputy Presiding Officer SNP
There is some time in hand. Members may expand a little in this sensitive and important debate. 15:26
Iain Gray (East Lothian) (Lab) Lab
Today has been a long time coming: too long in many ways. It is the latest, and perhaps last, link in a chain of recognition, regret and now, hopefully, redr...
John Swinney SNP
I understand the argument that Mr Gray is marshalling. However, the waiver point is critical, because it hinges on the question of how we enable contribution...
Iain Gray Lab
I take the point and I appreciate that that is the Deputy First Minister’s intention. However, all the evidence that we heard from providers and, indeed, fro...
Ross Greer (West Scotland) (Green) Green
The introduction and the passage of the bill were always going to be a painful experience for many survivors. I pay tribute to the survivor groups and indivi...
Beatrice Wishart (Shetland Islands) (LD) LD
I, too, am pleased to be speaking in the stage 1 debate on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill; the bill has been desc...
The Deputy Presiding Officer (Linda Fabiani) SNP
Before we move to the open debate, I remind members that, if they are taking part in the debate, they should be in for all the opening speeches and that, eve...
Kenneth Gibson (Cunninghame North) (SNP) SNP
As we know—and to our collective shame—over several generations, many Scottish children who were placed in the care of organisations or boarded out by the st...
Oliver Mundell (Dumfriesshire) (Con) Con
I am pleased to follow a number of thoughtful speeches. I start by making it clear that, for victims and survivors, no amount of money nor any apology can t...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill has been shaped and is owned by the many people who suffered abuse by people who w...
Jackie Baillie (Dumbarton) (Lab) Lab
I thank the Scottish Government and the Education and Skills Committee for their work on the bill, and I thank all the survivors who helped to shape it. The...
Alex Neil (Airdrie and Shotts) (SNP) SNP
I very much welcome the bill. As other members have said—in particular, people such as Jackie Baillie, who, like me, have been in the Parliament since day 1—...