Meeting of the Parliament 18 March 2026 [Draft]
I am grateful to Ms Sturgeon and Mr Whitfield for their engagement ahead of stage 3 on these sections of the bill.
Every member wishes to protect children’s rights in Scotland, and I fully support the intention of bringing legislation within the scope of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. However, that must be done in a careful way that does not further add to a confusing and disjointed legislative landscape or give rise to unintended consequences. The level of engagement on the bill between stakeholders and the Education, Children and Young People Committee has highlighted what I hear from families across the country, which is that keeping the Promise includes ensuring effective implementation of the laws that we pass in the Parliament.
As Martin Whitfield has acknowledged, his amendments 99 to 102 would give rise to an unintended consequence, which is that looked-after status would be removed from children who are accommodated under the new restated section 25 of the 1995 act. Those vulnerable children would therefore no longer be entitled to vital supports, which I think that we would all agree would have a negative impact on children and young people. If agreed to, those amendments would necessitate consequential amendments by future subordinate or primary legislation ahead of implementation to address that specific unintended consequence.
As I have said before, I am satisfied that the provisions in the bill and the relevant provisions of the 1995 act are compatible with the UN Convention on the Rights of the Child. Under existing legislation, children in Scotland currently have routes by which they can appeal and challenge the support that they have been offered. That includes the right to reviews and appeals, access to local authority children’s rights officers, advocacy support and routes to complain to the Scottish Public Services Ombudsman.
I therefore cannot support amendments 99 to 102, but I am happy to support Martin Whitfield’s amendment 106, which would allow local authorities to continue providing continuing care for young people until their 26th birthday. I also support Martin Whitfield’s amendment 108, which would offer a right to return for those in continuing care when that is the right thing for their welfare.
I ask members to support amendments 106 and 108 and to vote against all other amendments in the group if they are pressed.