Chamber
Plenary, 12 Feb 2003
12 Feb 2003 · S1 · Plenary
Item of business
Protection of Children (Scotland) Bill: Stage 3
Amendment 9 seeks to clarify the laws on defamation as they apply to the bill. Any information that is submitted with a reference for inclusion in the list of people who are unsuitable to work with children will attract qualified privilege. Observations that are made on the information that is submitted with such a reference will also be covered by qualified privilege. As a consequence, those who provide information in connection with the list will have a defence against defamation, unless they were motivated by malice.
During earlier stages, I listened carefully to the arguments for protecting people from being sued for damages as a result of referring individuals to the list. It is important that any obstacles are removed and that people can confidently pass on the information that we need to strengthen procedures for the protection of children. However, it would certainly not be appropriate to protect referrals that were made maliciously.
Amendment 9 puts it beyond doubt that qualified privilege will attach to communications relating to inclusion in the list and removes any doubt about whether the existing laws of qualified privilege would apply. Therefore, those who make statements in good faith will be protected. We have taken account of the concerns that have been raised and adopted a commonsense approach. Our compromise proposal seeks to clarify the existing legislation in the context of the Protection of Children (Scotland) Bill. Amendment 9 sets out the right level of protection.
I move amendment 9.
During earlier stages, I listened carefully to the arguments for protecting people from being sued for damages as a result of referring individuals to the list. It is important that any obstacles are removed and that people can confidently pass on the information that we need to strengthen procedures for the protection of children. However, it would certainly not be appropriate to protect referrals that were made maliciously.
Amendment 9 puts it beyond doubt that qualified privilege will attach to communications relating to inclusion in the list and removes any doubt about whether the existing laws of qualified privilege would apply. Therefore, those who make statements in good faith will be protected. We have taken account of the concerns that have been raised and adopted a commonsense approach. Our compromise proposal seeks to clarify the existing legislation in the context of the Protection of Children (Scotland) Bill. Amendment 9 sets out the right level of protection.
I move amendment 9.
In the same item of business
The Deputy Presiding Officer (Mr Murray Tosh):
Con
We now come to stage 3 proceedings on the Protection of Children (Scotland) Bill. Members will need copies of the bill, the marshalled list and the groupings...
Section 3—Reference by employmentagency etc
The Deputy Presiding Officer:
Con
The first group of amendments relates to the duty to make a referral. Amendment 1 is grouped with amendment 2.
The Minister for Education and Young People (Cathy Jamieson):
Lab
Amendments 1 and 2 will extend the duty to make referrals to employment businesses. That duty will be backed up by the offence that all organisations will co...
Irene McGugan (North-East Scotland) (SNP):
SNP
I am not rising to speak against amendment 1. In fact, the SNP will not oppose any of the amendments that have been lodged at stage 3.The stage 2 amendment t...
Cathy Jamieson:
Lab
I welcome Irene McGugan's commitment that the SNP will support the amendments that have been lodged. I hope that that is an example of good practice, because...
Amendment 1 agreed to.
Amendment 2 moved—Cathy Jamieson—and agreed to.
Section 7—Provisional inclusion in list
The Deputy Presiding Officer:
Con
The second group of amendments is on the extension of provisional listing. Amendment 3 is in a group on its own.
Cathy Jamieson:
Lab
Amendment 3 will allow ministers to apply to the sheriff for an extension to the six-month limit on provisional listing. The sheriff would be able to grant a...
Michael Russell (South of Scotland) (SNP):
SNP
I am grateful to the minister for moving amendment 3. I moved a large number of amendments at stage 2 and the amendment to which she referred is the only one...
Mr Brian Monteith (Mid Scotland and Fife) (Con):
Con
We, too, support amendment 3. We supported Mike Russell's amendment at stage 2 to remove provisional listing, but we are content that limiting it to one peri...
Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD):
LD
I endorse the comments of the two previous speakers and I thank the minister for taking note of the committee's feelings. As the minister knows, I am hesitan...
Cathy Jamieson:
Lab
I thank members for their support for amendment 3. I acknowledge the concerns about provisional listing that were expressed during stage 1 and stage 2. We mu...
Amendment 3 agreed to.
After section 8
The Deputy Presiding Officer:
Con
The third group of amendments deals with protection from defamation. Amendment 9 is in a group on its own.
Cathy Jamieson:
Lab
Amendment 9 seeks to clarify the laws on defamation as they apply to the bill. Any information that is submitted with a reference for inclusion in the list o...
Michael Russell:
SNP
During stage 2, in response to my moving of an amendment, the minister made a commitment to reconsider the issue. I am grateful that she has returned with a ...
Ian Jenkins:
LD
I support Michael Russell's position. The situation to which he referred is a difficult one. The arguments that Michael Russell has made are worthy of consid...
Cathy Jamieson:
Lab
It would not be appropriate for me to comment at this point in time on the case that Michael Russell mentioned.During stage 2 consideration of the bill, I ga...
Amendment 9 agreed to.
Section 11—Searches of lists: amendment of Police Act 1997
The Deputy Presiding Officer:
Con
Amendment 4 is grouped with amendments 7 and 8.
Cathy Jamieson:
Lab
Amendments 4, 7 and 8 are technical amendments, which are consequential on the Education Act 2002.Amendment 4 is a minor amendment, which would make it clear...
Amendment 4 agreed to.
The Deputy Presiding Officer:
Con
Amendment 5 is grouped with amendment 6.
Cathy Jamieson:
Lab
Amendment 5 is a minor drafting adjustment, which will correct an error that has been noted in the amendments made to the Police Act 1997.Amendment 6 will re...
Amendment 5 agreed to.