Chamber
Plenary, 26 Mar 2003
26 Mar 2003 · S1 · Plenary
Item of business
Commissioner for Children and Young People (Scotland) Bill
Anyone who needs to be convinced of the varied nature of the legislation that the Parliament is passing could do worse than look at our business programme for this afternoon. In the space of an hour or two, we have considered the Council of the Law Society of Scotland Bill, the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill, the National Galleries of Scotland Bill and the Commissioner for Children and Young People (Scotland) Bill.
All members of the Education, Culture and Sport Committee share my satisfaction that we have successfully produced our first committee bill, which is an achievement in itself, but we are also mindful that the bill is significant. It has special significance not only for the MSPs who were involved in shaping it, but for the many individuals and organisations throughout Scotland that campaigned for such a post for many years.
The committee took a deliberate decision early to involve as many representatives of children's organisations from all sectors as possible when the bill went through its earlier legislative stages. That had benefits for everybody concerned, because information was shared and concerns were raised in an on-going and open way. I have no doubt that that is why stage 2 was short and sweet and why there have been only three amendments today. I whole-heartedly commend that process to any other committee that initiates a bill.
It would be remiss of me not to thank the ministers and the Executive for their support. Progress would undoubtedly have been considerably slower and much less smooth without such endorsement of our intentions. I also endorse the convener's thanks to everyone else involved, especially the committee's clerking team and the non-Executive bills unit, whom I thank for their considerable assistance.
However, as others have said, the most important contributors were, perhaps, the many children and young people who participated in our consultation events, focus groups, videos and all the other things that we arranged: their views have been very influential. I hope that they know that and realise that their contributions have been genuinely valuable.
I, too, am pleased that so many young people have been in the public gallery this afternoon. Of course, their contribution does not stop with the bill. We have made great efforts to incorporate into the bill the ethos that their continuing input is vital. The office's work will at all times be informed by the views of children and young people; indeed, the bill contains a duty to involve them.
There was initially some concern that the commissioner might be merely another layer of bureaucracy. That is not the case: the commissioner will be a new, significant and unique office and will provide a focused approach to promoting and safeguarding the rights of children and young people. The provisions of the United Nations Convention on the Rights of the Child will underpin the work.
The commissioner will also be powerful. That power will derive from being a statutory creation, from being independent of the Executive and the Parliament, from being credible—with children and young people driving work and prioritisation—and from the political input that exists in a direct route to Parliament through the commissioner's duty to report. That will all contribute to the establishment of a real champion of children's rights who is genuinely in touch with the issues that are of concern to young people and the organisations that represent them.
A number of young people have asked when the bill will become law and the commissioner will be in office. If the Parliament agrees today that the bill be passed, a commissioner could be in office by early 2004. After so many years of waiting, it is very good to have such a definite time scale.
The bill can be a lasting legacy of the Parliament for future generations. There can be no better role for a Parliament than to improve the situation of Scotland's children and young people, to promote their involvement in the legislative process and to encourage them to see the Parliament's relevance. We trust that that will contribute positively to how our young people relate to wider society.
As one young person said,
"The Commissioner isn't someone standing up for you, it's someone to help you stand up for yourself."
I hope sincerely that that will be the case. I ask members to vote for the bill.
All members of the Education, Culture and Sport Committee share my satisfaction that we have successfully produced our first committee bill, which is an achievement in itself, but we are also mindful that the bill is significant. It has special significance not only for the MSPs who were involved in shaping it, but for the many individuals and organisations throughout Scotland that campaigned for such a post for many years.
The committee took a deliberate decision early to involve as many representatives of children's organisations from all sectors as possible when the bill went through its earlier legislative stages. That had benefits for everybody concerned, because information was shared and concerns were raised in an on-going and open way. I have no doubt that that is why stage 2 was short and sweet and why there have been only three amendments today. I whole-heartedly commend that process to any other committee that initiates a bill.
It would be remiss of me not to thank the ministers and the Executive for their support. Progress would undoubtedly have been considerably slower and much less smooth without such endorsement of our intentions. I also endorse the convener's thanks to everyone else involved, especially the committee's clerking team and the non-Executive bills unit, whom I thank for their considerable assistance.
However, as others have said, the most important contributors were, perhaps, the many children and young people who participated in our consultation events, focus groups, videos and all the other things that we arranged: their views have been very influential. I hope that they know that and realise that their contributions have been genuinely valuable.
I, too, am pleased that so many young people have been in the public gallery this afternoon. Of course, their contribution does not stop with the bill. We have made great efforts to incorporate into the bill the ethos that their continuing input is vital. The office's work will at all times be informed by the views of children and young people; indeed, the bill contains a duty to involve them.
There was initially some concern that the commissioner might be merely another layer of bureaucracy. That is not the case: the commissioner will be a new, significant and unique office and will provide a focused approach to promoting and safeguarding the rights of children and young people. The provisions of the United Nations Convention on the Rights of the Child will underpin the work.
The commissioner will also be powerful. That power will derive from being a statutory creation, from being independent of the Executive and the Parliament, from being credible—with children and young people driving work and prioritisation—and from the political input that exists in a direct route to Parliament through the commissioner's duty to report. That will all contribute to the establishment of a real champion of children's rights who is genuinely in touch with the issues that are of concern to young people and the organisations that represent them.
A number of young people have asked when the bill will become law and the commissioner will be in office. If the Parliament agrees today that the bill be passed, a commissioner could be in office by early 2004. After so many years of waiting, it is very good to have such a definite time scale.
The bill can be a lasting legacy of the Parliament for future generations. There can be no better role for a Parliament than to improve the situation of Scotland's children and young people, to promote their involvement in the legislative process and to encourage them to see the Parliament's relevance. We trust that that will contribute positively to how our young people relate to wider society.
As one young person said,
"The Commissioner isn't someone standing up for you, it's someone to help you stand up for yourself."
I hope sincerely that that will be the case. I ask members to vote for the bill.
In the same item of business
The Deputy Presiding Officer (Mr George Reid):
SNP
The next item of business is a debate on motion S1M-3862, in the name of Karen Gillon, that the Commissioner for Children and Young People (Scotland) Bill be...
Karen Gillon (Clydesdale) (Lab):
Lab
It is with great pride and honour that I will move the motion on behalf of the Education, Culture and Sport Committee. I begin with some wise words from Sir ...
Mr Brian Monteith (Mid Scotland and Fife) (Con):
Con
A guid Tory.
Karen Gillon:
Lab
The words good and Tory are not ones that I would naturally put together, but let us move on.Sir Walter Scott stated:"Children know—instinctive taught, the f...
The Deputy Presiding Officer (Mr Murray Tosh):
Con
I call Nicol Stephen to speak for the Executive. I will give everyone else a notional five minutes, but we have a bit of time in hand.
The Deputy Minister for Education and Young People (Nicol Stephen):
LD
I congratulate Karen Gillon and the other members of the Education, Culture and Sport Committee on the work that they have done in progressing the bill to es...
Irene McGugan (North-East Scotland) (SNP):
SNP
Anyone who needs to be convinced of the varied nature of the legislation that the Parliament is passing could do worse than look at our business programme fo...
Mr Brian Monteith (Mid Scotland and Fife) (Con):
Con
I am pleased to support the bill. I remember Jackie Baillie's reaction the first time I announced my support—I swear that I saw her face change. My support d...
Jackie Baillie (Dumbarton) (Lab):
Lab
I welcome all converts, even Brian Monteith, but I doubt that I will ever again be surprised by his actions.What do children have to do with politics? In som...
The Deputy Presiding Officer:
Con
It might be of assistance if I say that five members have indicated that they would like to speak in the debate. It is possible that we will reach decision t...
Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD):
LD
I intend to be kind to the younger people, as every other member of the Education, Culture and Sport Committee is younger than I am.I am grateful to the mini...
The Deputy Presiding Officer:
Con
Contrary to what I said before, I call Fiona McLeod, to be followed by Donald Gorrie.
Fiona McLeod (West of Scotland) (SNP):
SNP
Yes indeed, I am not Mike Russell. Nor am I Irene McGugan; Irene and I are often confused with each other and I am delighted that we have, over the past few ...
Donald Gorrie (Central Scotland) (LD):
LD
As someone who—before the Parliament was set up—was involved with the various youth organisations in planning to achieve what we are achieving today and some...
Michael Russell (South of Scotland) (SNP):
SNP
I echo the minister's tribute to Ian Jenkins, who is the only member of the Education, Culture and Sport Committee who is choosing not to return to the Parli...
Dennis Canavan (Falkirk West):
*
Is that a capital offence?
Michael Russell:
SNP
It is not a capital offence as yet—although, with the present Prime Minister, one never knows what will happen next.There is a historical continuity in this ...
The Deputy Presiding Officer:
Con
I have received a request late in the day from Robin Harper, who wants to contribute. There is time in hand, so I will allow Robin Harper to speak.
Robin Harper (Lothians) (Green):
Green
As someone with an involvement in youth work from the age of 16, and as a former member of the children's panel and a member of the cross-party group on chil...
Cathy Peattie (Falkirk East) (Lab):
Lab
I thank all the members who have contributed to this afternoon's debate. Karen Gillon has already given thanks and appreciation to the list of all the folk w...