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Chamber

Meeting of the Parliament (Hybrid) 11 March 2021

11 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill

I pay tribute to members of the Education and Skills Committee, which I joined only last year, to its convener and to our clerks and our adviser, for their help. I also pay tribute to the Deputy First Minister and his officials for their work in drawing together what is an immensely difficult and sensitive piece of legislation. I acknowledge the respectful and constructive way in which we are concluding that journey together.

I also put on record my thanks to the many organisations that gave evidence to us throughout the passage of the bill, and, more important, to the survivors of historical abuse: those who are already known to us and those who are unknown and are yet to come forward, who will, I hope, benefit from the scheme—they are those whom the scheme is aimed to assist.

To be honest, I have always had concerns about many aspects of the redress scheme, but I believe that the bill has come on a long journey. Is the bill that is before us, having been amended after today’s debate, now perfect? I do not believe so. Is that a reason not to support it? I do not believe so.

Mr Swinney and I have had some very robust exchanges in this place, and we might spar on many issues, but I respect the fact that he has spearheaded the bill throughout the process and has kept his commitment to the survivors. I am thankful for that.

I pay tribute to Mr Iain Gray, a member of the Education and Skills Committee who, I believe, may be making one of his last contributions in the chamber today. He has given many years of service to his Parliament, to his party and to politics. He entered this place when I was only 19—I hope that that does not make Mr Gray feel old—but I have sat here in the Parliament and in committee and listened in awe to his forensic analysis and his fair and effortless contributions, which we can all learn from and aspire to. I wish Mr Gray all the best in the future.

We have heard today that there are aspects of the bill that people are unhappy with. Whatever product we have come out with today—and it has been a difficult journey—I believe that we have been able to legislate for a scheme that will provide some victims, although not all, with both financial compensation and meaningful redress that, I hope, will go some way towards righting the wrongs of the past.

Back in the stage 1 debate, I said that the stark and very sad reality is that there is little that we can do to fully compensate those people. We cannot ever bury the memories of abuse that continue to haunt people—the people we deal with in our case work and the people we heard from throughout the bill process. No amount of money will ever undo that horror. For many people, this has never been about financial redress, although that might be welcome for some. It is about the symbolic step that Parliament has taken to right those wrongs, or to help right those wrongs. This is an important first step for many, but it will not be the end of that journey.

We should also be honest with each other. This scheme will not be for everyone, and it will not benefit everyone. I say that because, at the heart of the scheme and by its very nature, there are those organisations that participate in it, and that participation is required to validate it.

That takes me to the controversial points in today’s debate, which include the waiver, although that is not the only one. I believe that the scheme is not just about delivering financial compensation, although many pages in the bill are precisely about how money is paid, the circumstances for its being paid, the evidence threshold for that, and so on. It is not only about the money but about where the money comes from. It is about the fact that the contributions are meaningful, voluntary and forthcoming. Of course, the Government will have to underwrite much of it. I understand that the Government is funding the operational costs and the first tranche of payments up to £10,000. I understand that it is not a mandatory participation scheme. However, we needed a scheme that allowed individuals, authorities and organisations to come forward and make a meaningful contribution as their acknowledgment of their role in past abuse.

I also believe that, on the whole, organisations have approached the bill with enthusiasm, although not all of them have. As controversial as it might be, some have been more readily accepting of their role in historical abuse than others. I will not name and shame any of them, because we probably all know who they are. What is important is that we have a robust, reliable, fair and compassionate scheme. We cannot ignore the fact that organisations would be hesitant to come forward if it meant a blanket acceptance of liability, nor the fact that many of them are still going concerns that do great work in our communities.

I have had many sleepless nights over many of the issues with the bill. I sought to amend it in any way that I could to strengthen the rights of survivors as well as the responsibilities of the scheme to offer options and transparency to those survivors. I also tried to ensure, for the contributors, that we would never legislate for something that would undermine or affect their sustainability and that we would legislate in a way that ensures that their contributions are fair and meaningful.

Those are the terms that we have heard throughout—“fair and meaningful”, as well as “terribly difficult”. I will never forget the words of a survivor who gave evidence to us:

“Abuse never leaves a person. It is like a human shadow”.—[Official Report, Education and Skills Committee, 28 October 2020; c 29.]

It was a devastating response.

Let everyone who has contributed to the scheme’s formation, whatever we have agreed or disagreed on in this journey, hold our heads up high, because we have tried our best. We now pass the baton to those who will operate the scheme. We pass the product of that to those who will benefit from it. We offer them redress, and I hope that we offer them closure. If nothing else, we should hold our heads high, knowing that, whatever the petty or party politics that await all of us in the coming weeks, we never forget that the people who form the shapes around us on the walls of this chamber are the people we are here to protect, to support, to make amends to and to say sorry to.

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item is a debate on motion S5M-24338, in the name of John Swinney, on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. 1...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney) SNP
It is my privilege to open the debate on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. It has been a very challenging bill on a...
Iain Gray (East Lothian) (Lab) Lab
The cabinet secretary has just commented on some survivors who are now elderly. The Government has already introduced the advance payment scheme, and at stag...
John Swinney SNP
To date, the advance payment scheme has made 560 payments to elderly and terminally ill survivors. It will remain open until the statutory scheme can accept ...
Jamie Greene (West Scotland) (Con) Con
I pay tribute to members of the Education and Skills Committee, which I joined only last year, to its convener and to our clerks and our adviser, for their h...
The Deputy Presiding Officer SNP
I call Iain Gray. I understand that this is, indeed, likely to be his last speech in the chamber. 18:49
Iain Gray (East Lothian) (Lab) Lab
Thank you, Presiding Officer. I speak in support of the bill, which finally promises some redress for people whom we collectively let down so badly for so lo...
The Deputy Presiding Officer SNP
I call Beatrice Wishart. 18:56
Beatrice Wishart (Shetland Islands) (LD) LD
I am not quite ready, Presiding Officer—I was quite taken by Iain Gray’s speech. The bill has been a long time coming. The journey so far has been long and ...
Ross Greer (West Scotland) (Green) Green
I will not tell Iain Gray how old I was when he was first elected to Parliament, but I thank him for how much I have learned from him, particularly on the Ed...
The Deputy Presiding Officer SNP
We move to the open debate, with speeches of up to four minutes, please. 19:04
Clare Adamson (Motherwell and Wishaw) (SNP) SNP
I, too, pay tribute to Iain Gray. He and I share convenership of the cross-party group on science and technology, and one of the highlights of that was a vis...
The Deputy Presiding Officer SNP
Johann Lamont is next. This will be Ms Lamont’s final speech in the chamber. 19:09
Johann Lamont (Glasgow) (Lab) Lab
Thank you, Presiding Officer—just when you have heard from one former Labour leader, another one pops up to say goodbye. We would have quite a lot of them if...
The Deputy Presiding Officer SNP
The last contribution in the open debate is from Rona Mackay. 19:18
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
I congratulate Johann Lamont and Iain Gray on their very moving speeches. It is not an exaggeration to call them titans of the Labour movement. I wish them v...
The Deputy Presiding Officer SNP
We now move to closing speeches. 19:20
Daniel Johnson (Edinburgh Southern) (Lab) Lab
In summing up the debate, we can all start from the position that was well outlined by the cabinet secretary, Jamie Greene, Iain Gray, Johann Lamont and othe...
The Deputy Presiding Officer SNP
I have been very lax with the timings tonight. Please do not take advantage, Mr Whittle. You have up to five minutes. 19:26
Brian Whittle (South Scotland) (Con) Con
I am pleased to have the opportunity to speak in the debate on what is a very important bill. We have tackled some extremely difficult topics in the lifetime...
John Swinney SNP
I am grateful to colleagues for their engagement on the bill and for the recognition that the Government has tried to engage constructively on all the issues...
The Presiding Officer (Ken Macintosh) NPA
That concludes our debate on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. There are a few items before we turn to decision time.