Hansard

The bill is very much about recognising children's vulnerability and the importance of choosing the right people to work with them. We must remember that the vast majority of adults who work with children are driven by a commitment to child development and welfare. However, we must acknowledge that some adults—albeit a small minority—might want to harm children. We need not dwell on particular examples, but even here in Scotland, we know that abuse happens.

Child abuse is not just about scenes in gritty dramas; we cannot just switch off the television. Real life demands real action, and the proposed new list of adults who are unsuitable to work with children is a considerable improvement to our child protection system. However, as others have said, it is important to remember that the bill does not substitute for robust child protection policies, nor does it tackle the problem of child abuse that occurs behind closed doors in family homes. Nevertheless, the bill is a positive step that seeks to minimise opportunities for people who are intent on harming children.

Up until now, organisations in Scotland that work with children have used criminal records to check the suitability of future employees. Experience shows us that some of the worst incidences of child abuse have been by people with no previous convictions. Although Thomas Hamilton had no convictions, there was information on the files of a number of organisations to suggest that he was a risk. However, that information was not available to potential employers, nor was it collated or able to be shared.

The bill will enable the collation of so-called soft information on those people suspected of child abuse, including details of dismissals or resignations where child welfare was an issue, which will form the basis of a list of people banned from working with children. As members know, an equivalent list already exists in England and Wales. Scotland is clearly no less committed to protecting its children.

The bill has teeth. It will become a requirement for relevant organisations to consult the list. Organisations that employ a named individual will be committing a criminal offence. Organisations will also be obliged to contribute information so that the list is kept up to date. Why? It is because we want a system of child protection that works, not one that simply looks good.

I welcome the amendment lodged by the minister at stage 2 to encompass all child care organisations. We could not leave a potentially dangerous loophole through which adults who wish to abuse children could simply leave the statutory sector and move into employment in the voluntary sector. That loophole would have created a two-tier system that is not in the interests of children. Indeed, the consultation process showed that voluntary organisations agree. Some of them have said that even if they were not legally required to check and report to the list, they would feel morally obliged to do so. Good laws reflect sound moral reasoning and the bill is no exception. However, we must ensure that voluntary organisations have the means to comply with the requirements. I know that the minister will ensure that consulting the list and referring individuals are as easy as possible. If necessary, additional support will be made available, in particular to small voluntary organisations.

As the minister has said, the bill acknowledges the careful balance needed to respect the rights and interests of individuals as well as the special rights of the child. I believe that, between the efforts of the committee and the considerable efforts of the minister, we have got that balance right.

Like others, I commend the minister for the bill. I thank all those involved in getting it to this stage—the bill team, the clerks to the Education, Culture and Sport Committee and all those people who gave evidence. The bill has been strengthened by their input.

I remind the chamber that, under the United Nations Convention on the Rights of the Child, we are required to take all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence, injury or abuse. To accept the bill is to accept our obligations.