Meeting of the Parliament 18 March 2026 [Draft]
I thank Martin Whitfield for lodging his amendments and for going through the various amendments in the group. We have a choice tonight, and it is important that we agree to at least one of the amendments so that such provision, ultimately, appears in the act.
I will speak to my amendment 45 in a moment, but I am interested in Roz McCall’s amendment 47. I am concerned that, in some circumstances, it simply might not be possible to find somebody who lives in the local authority area. I am sure that she will address this point in her comments, but does she feel that the amendment is too restrictive? I absolutely understand and agree with her intention, but I am slightly concerned that the amendment would tie our hands too much.
Amendment 45 seeks to ensure that the role of the chair in children’s hearings panels is clearly defined and set out in secondary legislation to ensure consistency across local authorities and to ensure that the role achieves our aims and objectives. I think that we can all agree that the role of the chair in children’s hearings will be vital in the future, as it is at the moment.
For 20-plus years, I had the privilege of being a member of the tribunal that looked first at disability living allowance and then at personal independence payments. I know from experience that the role of the chair in bringing together the tribunal—or, in this case, the hearing—is important. He or she has far greater influence than other members, whether that is deliberate or just based on having that role.
When the bill was introduced, it proposed remuneration for the roles of chairs and panel members. Up until now, those roles have been voluntary and unpaid. In meetings that I held in advance of the stage 2 proceedings, the Scottish Children’s Reporter Administration was clear that remuneration for chairs is not about enhancing or expanding the role but about improving the quality of the candidates who are selected to the position. By paying chairs, we will, I hope, be able to recruit people with the necessary skills, experience and qualifications for the important and demanding position.
Given the importance of the role and the influence that chairs will have, following their remuneration, amendment 45 sets out that the chair’s roles and responsibilities should be clearly worked out and documented through consultation and, subsequently, through the laying of regulations.
That would ensure that current best practice from across the country can be shared, so that we do not end up with a postcode lottery, and that future appointed chairs will be fully aware of the position that they are taking on, so that they can work out what their role is. Amendment 45 would provide consistency by making sure that the 32 local authorities do not have different systems.