Hansard

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 justice in progressing the bill over the few weeks that we have left in this parliamentary session. It appears that there is broad agreement across all parties that the issue of children’s rights should be absolutely paramount. That sentiment is supported by Scotland’s major public sector bodies, too.

It is imperative that Scotland catches up with the other countries that have successfully implemented such legislation. The evidence is clear. A study commissioned by UNICEF found that in every country where it has been brought in it has had a significantly positive impact. The report states:

“Successful CRC implementation is key to the realisation of children’s rights ... where this has happened, it has had significant effect.”

We want it to have that impact here, too. That is what our young people need.

From speaking to young people who would benefit most from the legislation, some things are abundantly clear. First, it cannot simply be another paper commitment. The content of the bill must become a reality for young people in Scotland—it must not be just the usual warm words. Young people need the Government to put someone by their side to protect their rights. Many of the provisions in the bill should make that happen. It is vital that vulnerable young people know that we are on their side.

Although it is impossible to disagree with the aim of strengthening children’s rights, the Equalities and Human Rights Committee received several submissions that raised potential technical problems and unintended consequences. Although we accept and support the basic principles set out in the bill, there is no getting away from the fact that there is potential for problems. For example, there was concern that only public bodies would be covered by the legislation. That does not take into account private companies that operate contracts on behalf of the public sector—for example, a firm that looks after severely disabled children as part of a local authority arrangement.

We also heard from those who were worried about some vulnerable young people who may reach the age of 18 and effectively become age-barred from support. The bill should create the potential to ensure that people are not allowed to disappear from the radar. The transition into adulthood for those young people and their families can be the most challenging times of their lives.

Some witnesses spoke of the time limits and their fears that a person may want to take retrospective action later in life when they realise that their rights were infringed when they were a child or find that they are finally able to confront the fact that their rights were infringed.

We must also think about the finances. There is no point in passing legislation such as the bill if the resources to support it are not put in place. It is imperative that we are up front and honest about costs. It would be damaging if the initial costs of the bill were set out, only for them to significantly increase over time because of add-ons.

The public expect the state to invest in such bills, but they also expect their money to be used wisely and to be shown the benefit of financial commitments. The Faculty of Advocates has already raised concerns that the £2 million that has been mentioned is not a realistic figure. It pointed out to MSPs that

“the financial consequences are potentially very significant and likely to be underestimated in the Financial Memorandum.”

In addition, concern was expressed in the committee’s report that the Scottish Government has not yet given a timeframe for when the bill will come into effect. Timing is important, and it cuts both ways. When the bill is finally passed by Parliament, the Government has a duty to get moving and implement the principles that are voted for, but the process cannot be rushed. I am very concerned that we are only a couple of months from the end of the parliamentary session, yet this enormous bill still has to clear notable stages. If we hurry the bill through and make bad law, the consequences for young people could be severe and could leave us all in a worse situation than we are in currently.

As well as the shortness of time, we have to bear in mind how much parliamentary business is dominated by Covid-19. The pandemic is not only limiting the number of days that we meet; it also dominates the agenda when we are here. That is, of course, understandable, but it adds pressure to an already tight timeframe.

Rarely have children’s rights been put under more pressure than they have been during the coronavirus crisis. Whether it is through schools closing, exams being cancelled or the loss of social opportunities that generations before them got to enjoy, the odds are stacked against vulnerable children in Scotland. It is not a case of making sure that children know their rights but of adults and public organisations taking responsibility for those rights.

The Scottish Conservatives will vote for the general principles of the bill, and we will scrutinise any aspects of it that need to be further strengthened as it progresses through stages 2 and 3.