Hansard

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 of the Parliament. Over the past couple of days, we have considered the Hate Crime and Public Order (Scotland) Bill. Another recent one was the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, in which we looked at the medical examination of people suffering from sexual abuse and now we are looking at the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. This is not to say that I think that the bills are without flaws, but it is a credit to the Parliament that we have not shied away from debating and tackling such issues very passionately.

I say at the outset, for the record, that I struggled with some of the votes today. It struck me that we were debating financial redress and not paying enough attention to emotional redress that might require a civil action after accepting a redress payment. We get marshalled lists and I was sometimes uneasy with the way in which we were considering voting. Today’s debate was not political. I recognise the desire of everyone in the chamber to get this incredibly important bill absolutely right. I do not think that we have done that and the bill will need to be changed again in the next parliamentary session.

Sexual abuse, specifically child sexual abuse, has been swept under the carpet for far too long, leaving victims without the support that they so desperately need. As many of my colleagues are aware, I have been working on the issue with a constituent over a number of years. It is fair to say that my understanding of the trauma suffered by my constituent over a prolonged period of time as she seeks justice and redress means that my discomfort and disquiet about the way that victims are retraumatised and open to suffering secondary abuse continues to rise.

Organisations that have been brought into question include local government, the education authorities, the police, the church, support services and the Scottish Government. We should not shy away from scrutinising any of the actions that those organisations were involved in. I have asked the Cabinet Secretary for Justice for a meeting on that topic and he has agreed. I hope that we will get the opportunity to have that meeting prior to the dissolution of the Parliament, so that at least we can have some notes to take forward into the next parliamentary session.

The Criminal Injuries Compensation Authority already has a redress scheme in which the decision is based on the balance of probability. That is different from a criminal court, which decides on the basis of something being beyond reasonable doubt, and means that victims do not need to wait for the outcome of a criminal trial if there is already enough information with which to make a decision on the case. The bill requires that the victim waive their right to future civil action. Any payment from a civil action taken after the CICA award, however, requires that the CICA payment be reimbursed. I contend that the bill is flawed in that respect and that it should not have imposed a ban on future civil action. Why would a victim not just approach the CICA? That will be a matter for future Parliaments to address.

Furthermore, I contend that many of the support organisations for survivors are too close to the Government in that they receive their funding directly from central Government, potentially impacting their ability to be autonomous. As I have said before, record keeping is woefully inadequate, especially in local authorities—there does not seem to be any requirement for them to record potential cases of abuse in local authority-run facilities.

However, in conclusion, the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill, along with the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, is welcome and long overdue. We are trying to ensure that it is the best that it can be for all those who have been victims of such a horrendous crime and have to carry that burden throughout their lives, but I fear that the bill will need to be amended. Financial redress will not heal the wounds but will perhaps give them the comfort that their voices have been heard and that there is an acceptance that they have been victims.

I finish by recognising Iain Gray’s contribution to the Parliament. I have always enjoyed his speeches in the chamber. I have not always agreed with him, but he has always been thoughtful and I know that he will be missed, as will Johann Lamont, who also gave her final speech. It has been a privilege to serve on the Public Petitions Committee under her stewardship. I really enjoyed the occasions when we managed to be a tag team on certain petitions, especially in challenging the Scottish Football Association—that was particularly fun. She leaves here having delivered a passionate speech with as much fire as she ever has had. Both Iain Gray and Johann Lamont will be sadly missed.