Chamber
Meeting of the Parliament 24 November 2010
24 Nov 2010 · S3 · Meeting of the Parliament
Item of business
Children’s Hearings (Scotland) Bill: Stage 3
The amendments relate to three main topics: making provision for new grounds when a child is already subject to a compulsory supervision order; clarifying the powers of a review hearing when it defers a decision on a compulsory supervision order; and simplifying the bill provisions.
Members will be particularly interested in two policy changes, the first of which is made by way of amendment 70. The amendment introduces a new order called an interim variation of the compulsory supervision order, which will apply when the child is subject to a compulsory supervision order and, at a review hearing, the hearing defers a substantive decision for the purposes, perhaps, of further investigation. The interim variation contains many of the components of the interim compulsory supervision order, offering the same flexibility and protections while ensuring that the child remains subject to a single order. As a result, it is simply an adjustment to the existing compulsory supervision order.
16:30
The second change will be made through amendment 80, which will change the policy in section 151 covering the determination of appeals. The amendment seeks to restrict the sheriff’s powers when disposing of an appeal. Currently, when a sheriff is disposing of an appeal and is either confirming or overturning a children’s hearing decision, they could make another order, including a compulsory supervision order. Amendment 80 will amend section 151(3) to provide that the sheriff may only make an interim compulsory supervision order or an interim variation of a compulsory supervision order, or grant a warrant to secure the child’s attendance. The amendment was lodged to make it crystal clear that the sheriff’s powers under section 151, which we are due to debate in the next group of amendments, do not undermine the role of the hearing. It will allow a sheriff to put in place urgent supervision measures or a warrant to secure attendance while a child waits for a hearing to review his or her changed circumstances.
The remaining amendments in the group will simplify the bill’s provisions or make consequential amendments as a result of the three issues that I mentioned. I do not propose to go through those amendments in detail, but I am happy to expand on individual amendments if members would find that useful.
Members: No.
Members will be particularly interested in two policy changes, the first of which is made by way of amendment 70. The amendment introduces a new order called an interim variation of the compulsory supervision order, which will apply when the child is subject to a compulsory supervision order and, at a review hearing, the hearing defers a substantive decision for the purposes, perhaps, of further investigation. The interim variation contains many of the components of the interim compulsory supervision order, offering the same flexibility and protections while ensuring that the child remains subject to a single order. As a result, it is simply an adjustment to the existing compulsory supervision order.
16:30
The second change will be made through amendment 80, which will change the policy in section 151 covering the determination of appeals. The amendment seeks to restrict the sheriff’s powers when disposing of an appeal. Currently, when a sheriff is disposing of an appeal and is either confirming or overturning a children’s hearing decision, they could make another order, including a compulsory supervision order. Amendment 80 will amend section 151(3) to provide that the sheriff may only make an interim compulsory supervision order or an interim variation of a compulsory supervision order, or grant a warrant to secure the child’s attendance. The amendment was lodged to make it crystal clear that the sheriff’s powers under section 151, which we are due to debate in the next group of amendments, do not undermine the role of the hearing. It will allow a sheriff to put in place urgent supervision measures or a warrant to secure attendance while a child waits for a hearing to review his or her changed circumstances.
The remaining amendments in the group will simplify the bill’s provisions or make consequential amendments as a result of the three issues that I mentioned. I do not propose to go through those amendments in detail, but I am happy to expand on individual amendments if members would find that useful.
Members: No.
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is stage 3 proceedings on the Children’s Hearings (Scotland) Bill. Members should have the bill as amended at stage 2, which is Sco...
The Deputy Presiding Officer
SNP
We come to group 1. Amendment 1, in the name of the minister, is grouped with amendments 2, 109 and 118.
The Minister for Children and Early Years (Adam Ingram)
SNP
The amendments deal with the appointment of the national convener and principal reporter and ensure the involvement of children and young people in the appoi...
The Deputy Presiding Officer
SNP
No other member has asked to speak—Interruption. Suddenly members have asked to speak.
Ken Macintosh (Eastwood) (Lab)
Lab
I was waiting too politely. I thank the minister for lodging the amendments. The committee discussed the issue at stage 2 and agreed specifically on the invo...
Karen Whitefield (Airdrie and Shotts) (Lab)
Lab
Like Mr Macintosh, I welcome the amendments, which are based on a fundamental point that was raised consistently with the committee during its deliberations ...
Adam Ingram
SNP
I thank members for their support for the amendments and I confirm the points that Mr Macintosh made about a national reference group. I hope that we can tak...
The Deputy Presiding Officer
SNP
We come to group 2. Amendment 3, in the name of Elizabeth Smith, is the only amendment in the group. I call Elizabeth Smith to speak to and move the amendment.
Elizabeth Smith (Mid Scotland and Fife) (Con)
Con
There is a simple principle behind amendment 3—namely, the assurance that there will never be any facility for any person who occupies the office of national...
Karen Whitefield
Lab
Throughout the committee’s deliberations on the bill, volunteers who serve on our children’s hearings panels every day told us that they thought that their i...
Adam Ingram
SNP
I support amendment 3, which makes clear the parameters of the powers of the national convener and the principal reporter in respect of a hearing. It support...
The Deputy Presiding Officer (Trish Godman)
Lab
We move to group 3. Amendment 4, in the name of the minister, is grouped with amendments 122, 159, 6, 123, 160, 161, 150, 150A, 150B, 150C and 162. That incl...
Adam Ingram
SNP
This group of amendments relates to the order-making powers under sections 10 and 17. Those powers will enable the functions of the national convener, under ...
Karen Whitefield
Lab
I am grateful to the minister for the discussions that he has had with me on this subject and the fact that we have been able to get some consensus on the is...
Margaret Smith (Edinburgh West) (LD)
LD
I welcome the minister’s comments and his acceptance of Karen Whitefield’s amendments on super-affirmative procedure, even if it has meant that we must consi...
Bill Aitken (Glasgow) (Con)
Con
It has been apparent, not only from what the minister said today—which was confirmed by Karen Whitefield—but from my reading of the way in which this matter ...
Adam Ingram
SNP
It appears that we agree on the way forward on this issue, and I welcome that. On the basis that members will support Karen Whitefield’s amendment and my man...
The Deputy Presiding Officer
Lab
We move to group 4. Amendment 5, in the name of the minister, is grouped with amendments 97, 98 and 98A.
Adam Ingram
SNP
The feedback loop has been widely welcomed as a means of ensuring that panel members are better informed and better able to take decisions in the best intere...
Ken Macintosh
Lab
As several witnesses and members highlighted at stages 1 and 2, the feedback loop is one of the most important innovations or reforms that the Government is ...
Elizabeth Smith
Con
One of the most important messages that we received from many stakeholders in the children’s hearings system was about the need for better monitoring and sha...
Margaret Smith
LD
The feedback loop is one of the most important features of the bill and the discussion on the issue serves to remind us that we are striving to achieve a bet...
The Deputy Presiding Officer
Lab
I call the minister to wind up.
Adam Ingram
SNP
I have nothing more to add, Presiding Officer.Amendment 5 agreed to.Section 17—Power to change the Principal Reporter’s functionsAmendment 6 not moved.Amendm...
The Deputy Presiding Officer
Lab
We move to group 5. Amendment 124, in the name of the minister, is grouped with amendments 125 to 131, 22 to 33, 36 to 39, 143, 40, 42 to 50, 53 to 60, 62, 6...
Adam Ingram
SNP
This is a group of 57 amendments. Members will be glad to know that I do not intend to speak to all of them.Members: Hear, hear.
Adam Ingram
SNP
The amendments relate to three main topics: making provision for new grounds when a child is already subject to a compulsory supervision order; clarifying th...
Adam Ingram
SNP
I move amendment 124.
Ken Macintosh
Lab
I thank the minister for his comments and welcome the Government’s approach of introducing interim compulsory supervision orders. It is clear that the minist...
The Deputy Presiding Officer
Lab
Minister, do you wish to add anything else?