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Committee

Education, Children and Young People Committee 31 January 2024

31 Jan 2024 · S6 · Education, Children and Young People Committee
Item of business
Children (Care and Justice) (Scotland) Bill: Stage 2
Good morning, and welcome to the fourth meeting in 2024 of the Education, Children and Young People Committee. The first and only item on our agenda is day 2 of consideration of the Children (Care and Justice) (Scotland) Bill at stage 2. Last week, the committee considered amendments and agreed up to and including section 11 of the bill. We will therefore begin our consideration from section 12 of the bill. I welcome the Minister for Children, Young People and Keeping the Promise and her supporting officials to the meeting. I note that the officials who are seated at the table are here to support the minister but are not able to speak in the debates on amendments. Members should therefore direct their comments or questions for the Scottish Government to the minister. Before we begin, I will explain, for everyone who is watching, the procedure that we will follow. The amendments that have been lodged to the bill have been grouped together, and there will be one debate on each group of amendments. I will call the member who lodged the first amendment in each group to speak to and move that amendment and to speak to all the other amendments in the group. I will then call any other members who have lodged amendments in that group. Members who have not lodged amendments in the group but who wish to speak should catch my attention. If Ms Don has not already spoken on the group, I will then invite her to contribute to the debate. The debate on the group will be concluded by my inviting the member who moved the first amendment in the group to wind up. Following debate on each group, I will check whether the member who moved the first amendment in the group wishes to press it to a vote or to withdraw it. If they wish to press ahead, I will put the question on that amendment. If a member wishes to withdraw their amendment after it has been moved, they must seek the agreement of other members to do so. If any member present objects, the committee immediately moves to a vote on the amendment. If any member does not want to move their amendment when called, they should say, “Not moved.” Please note that any other member present may move such an amendment. If no one moves the amendment, I will immediately call the next amendment on the marshalled list. I remind everyone that only committee members are allowed to vote. Voting in any division is by show of hands. It is important that members keep their hands clearly raised until the clerk has recorded the vote. The committee is required to indicate formally that it has considered and agreed each section of the bill, so I will put a question on each section at the appropriate point. Now that we have covered the housekeeping matters, we can restart the substantive business. Section 12—Restriction on report of suspected offences involving children

In the same item of business

The Convener (Sue Webber) Con
Good morning, and welcome to the fourth meeting in 2024 of the Education, Children and Young People Committee. The first and only item on our agenda is day 2...
The Convener Con
Group 12 is on reporting restrictions and self-identification. Amendment 20, in the name of the minister, is grouped with amendments 24 and 48 to 50.
The Minister for Children, Young People and Keeping the Promise (Natalie Don) SNP
Good morning, everyone. Sections 12 and 13 of the bill as introduced place restrictions on the reporting of certain information that could identify a person...
Ben Macpherson (Edinburgh Northern and Leith) (SNP) SNP
Good morning. I welcome the amendments, especially amendments 24 and 48, which address matters that were discussed during the stage 1 process and in the comm...
Natalie Don SNP
I thank Mr Macpherson for that contribution. I do not believe that I have had sight of that submission as yet, but I will certainly look at that ahead of sta...
The Convener Con
Group 13 is on reporting restrictions, powers and the public interest test. Amendment 21, in the name of the minister, is grouped with amendments 191, 30 to ...
Natalie Don SNP
The group contains a large number of amendments that cover a wide range of important areas. Some of the amendments are quite technical, so I require to speak...
Martin Whitfield (South Scotland) (Lab) Lab
Will the minister take an intervention in relation to this section?
Natalie Don SNP
This is quite a lengthy group of amendments. I will take the intervention, but I may respond in relation to all the amendments in the group.
The Convener Con
Mr Whitfield, you are speaking next to this group of amendments, so perhaps you can make your comments then. I am trying to keep a bit of pace going.
Martin Whitfield Lab
That is fine.
Natalie Don SNP
Amendments 32 and 41 make changes to new section 106B of the 2016 act in consequence of new section 106BA, so that section 106B will now apply only to dispen...
The Convener Con
Thank you, minister. There is, indeed, a lot in this grouping. I call Martin Whitfield to speak to amendment 191 and the other amendments in the group.
Martin Whitfield Lab
Amendment 191 is a simple one-line amendment that effectively removes a section for which the Government, in its own amendments, is proposing a different sec...
The Convener Con
Minister, perhaps you can address those points when you are winding up.
Ruth Maguire (Cunninghame South) (SNP) SNP
I will make more substantive remarks in the later group, with your permission, convener. At the moment, I will say that the focus of the bill is children and...
The Convener Con
I invite the minister to wind up.
Natalie Don SNP
I will try to get through all Mr. Whitfield’s points. In relation to his first point about allowing people to apply for the order, as I outlined in my openin...
The Convener Con
The question is, that amendment 21 be agreed to. Are we agreed? Members: No.
The Convener Con
There will be a division. For Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Greer, Ross (West Scotland) (Green) Kerr, Liam (North East Scotland) ...
The Convener Con
The result of the division is: For 9, Against 0, Abstentions 1. Amendment 21 agreed to.
The Convener Con
The next group is on “Reporting restrictions: time restrictions take effect”. Amendment 22, in the name of the minister, is grouped with amendment 46.
Natalie Don SNP
Amendments 22 and 46 will mean that reporting restrictions will apply from the point that a child aged under 18 becomes a victim of, or a witness to, a suspe...
The Convener Con
The next group is on “Reporting restrictions: deceased victims”. Amendment 124, in the name of Ruth Maguire, is grouped with amendments 126, 125, 127 to 136,...
Ruth Maguire SNP
I will lay out what my amendments intend to do. They can be grouped into four main categories. They intend to extend the reporting restrictions that the bill...
Michelle Thomson (Falkirk East) (SNP) SNP
We appreciate that the round table is an important part of the discussion. Would you look for equitability of representation of victims as well as the accuse...
Ruth Maguire SNP
That is a hugely important point. The committee heard from an academic who gave very helpful and specific reasons with regard to the challenges. There was...
Natalie Don SNP
I will begin, as I did in group 13, by reiterating that I absolutely recognise the intention behind the amendments in this group, which is to reduce the trau...
Michelle Thomson SNP
Will the minister give way?
Natalie Don SNP
Yes.