Hansard

There were a number of questions in there. On the timing and why we are discussing the LCM now instead of waiting, there is a compatibility issue with legislation if we do not do it immediately. As a former minister for parliamentary business, I place great importance on giving the Parliament its rightful opportunity to scrutinise legislation. In this instance, I am afraid that a couple of things were at play. There were delays in obtaining the necessary information from UK Government officials to allow us to move forward, but I accept that there was also an element of delay at this end. I apologise to the Parliament for that, because I think that it is important. I hope that that provides the answer for the member.

Existing caps on weekly hours and a prohibition on working during school hours will remain in place.

The young people whom we engaged with on the changes viewed them as beneficial, because they will allow them more opportunity and greater flexibility to work. Young people said that they feel restricted by the current limitations and find it difficult to save money. Young people often find it harder than adults to find employment. Expanding Sunday working hours provides more opportunities for children to gain skills and experience, save money, develop their independence and better prepare themselves for their futures.

The bill also proposes changes to the rules on the conditions in which children can work. Those rules are currently set by local authorities through individual bylaws and they differ across Scotland. If consented to, the provisions would allow Scottish ministers to make child employment regulations, replacing local variations and providing a more consistent approach across Scotland. Local authorities will retain responsibility for issuing child employment permits and control of the process at a local level. Local authority representatives with whom we have engaged generally support that. In our discussions, the Federation of Small Businesses has also been supportive of the changes.

We will ensure that local authorities are able to engage in creating and implementing the regulations to reflect their local knowledge of businesses and regional differences in employment. Children and young people will also be given the opportunity to express their views, and any changes will be considered in line with their best interests. All other existing relevant legislation will remain in place, including safeguarding measures.

The second area that is covered by the provisions is secure community-based accommodation. The bill proposes a statutory mechanism that will allow children to be placed in community-based provision in England that can provide for deprivation and restriction of liberty measures, if that is in the best interests of the child. Placements in secure accommodation in England are currently possible for children living in Scotland. Provisions in the bill would enable them to be accommodated in the new proposed settings, if appropriate. Ministers are clear that any cross-border placements should happen only in exceptional circumstances and that such alternative provision should not be used where there are capacity challenges in Scotland.

However, flexibility with regard to placement options to meet the varying needs of children is important. There might be occasions when it is in a child’s best interests to be placed in provision in England—for example, to ensure that children are placed closer to their families, which is critical to relationships and wellbeing. The arrangements for and the monitoring and review of such placements will be clarified with relevant stakeholders and the UK Government to ensure that the circumstances align with Scotland’s work on the report “Reimagining secure care: a vision for the future”, the response to which the Scottish Government published today.

Just as there might be exceptional circumstances that make it appropriate to place a child from Scotland in England and to deprive them of their liberty, children from England may also be placed in secure accommodation in Scotland on welfare grounds. Amendments that the bill will make to section 25(5A) of the Children Act 1989 clarify that the person in charge of secure accommodation in Scotland can deprive a child of their liberty when they have been placed there from England or Wales.

Providing consent today would allow us to continue to work with our stakeholders to ensure that the changes are implemented in line with current Scottish Government policy and Scotland’s unique and lauded approach to child welfare and justice.

I move,

That the Parliament agrees that the relevant provisions of the Children’s Wellbeing and Schools Bill, introduced in the House of Commons on 17 December 2024, and subsequently amended, affecting child employment and community-based and secure accommodation, so far as these matters fall within the legislative competence of the Scottish Parliament and alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.