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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

Maguire, Ruth SNP Cunninghame South Watch on SPTV

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 would apply in respect of victims aged under 18 so that they also apply to deceased underage victims; give the court the same power to extend reporting restrictions in respect of an underage victim, alive or dead, as the bill confers in respect of an underage offender; provide a mechanism by which offenders, whether suspected, alleged or convicted, live victims or the close family of deceased victims can request an order requiring the takedown of information that would have been covered by a reporting restriction while an offence was suspected or during proceedings; and provide a mechanism by which offenders, whether suspected, alleged or convicted, victims or the close family of deceased victims can request an order reinstating in whole or in part reporting restrictions. Folk will have seen the open letter sent from 65 families urging change, but committee member colleagues will remember that it was a letter from an individual family member that first drew our attention to the area. It laid out the significant impact that continued and traumatising press and social media coverage had on them, and asked MSPs to be mindful of the impact of our words and to not name victims when discussing the topic. Since then, Victim Support Scotland has led the way in campaigning for change, and I commend it for its work in ensuring that the voice of victims has been heard. I fully understand that this is not a straightforward matter to solve and I understand that, in legislation, we have to be alert to unintended consequences. I acknowledge that the committee has not taken extensive evidence on the matter, but I am absolutely certain that there is a need to address the matter—not just to discuss it further but to actually address it. The evidence that we have for change is compelling. A parent who lost their child to murder said: “When my child died as a result of murder, every detail of their life, their siblings and school was in the public domain. This was put under further microscopic detail during the trial, while the perpetrator was afforded significant privacy and protection. The media intrusion which followed my child’s death further compounded the trauma I was already experiencing. My children cannot be children because of the constant fear of what the media will print next. It still goes on to this day, and I am constantly worried when and how my other children will find out more distressing details about their sibling’s death.” They went on to say: “I have had several articles and pieces of inaccurate information removed from the mainstream press and social media, but the coverage feels never ending. Every day I am constantly reminded about the traumatic nature of my child’s death. This could all have been prevented had my child’s name not automatically been released to the public when they died.” I acknowledge and thank the minister for her words about further discussion and engagement. She mentioned a round-table event, which I think would be hugely important. It is crucial that the voice of victims is at the table, and I seek reassurance that those with direct experience of the trauma that is caused to surviving siblings will be part of the discussion.

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Education, Children and Young People Committee 31 January 2024

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