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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Is there a role for extending the pool of people to whom permanence orders are available in the way that we are extending the availability of adoption to same-sex couples? The "Permanence and Life Chances" section of the submission highlights all the facts and figures that sug...
Ms Rosemary Byrne (South of Scotland) (Sol): Sol Chamber
13 Sep 2006
Adoption and Children (Scotland) Bill: Stage 1
Solidarity supports the general principles of the Adoption and Children (Scotland) Bill and we are pleased that the bill recognises the changes in modern society and the different structures of families that exist.We believe that allowing civil partners, unmarried couples and ...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
My question is about the making of permanence orders, which is covered by section 84. Is there a mistake in the drafting? The current wording requires "an adoption agency" to apply for a permanence order, which might or might not lead to adoption. Should it not just refer to t...
Ms Rosemary Byrne (South of Scotland) (Sol): Sol Committee
01 Nov 2006
Adoption and Children (Scotland) Bill: Stage 2
I lodged amendment 163 because the words "so far as is practicable"are a bit of a get-out in terms of the dialogue with the child. In any adoption of a child, consideration must be given at all times to their wishes and feelings, religious persuasion, racial origin, cultural a...
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Should the same kind of regulation also apply to kinship carers? It might not be a fostering allowance as such, but perhaps there should be some kind of support. We are talking about adoption being an option when the parents are unable to take care of their children's welfare ...
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Maggie Mellon mentioned the fact that 90 per cent of children return to their parents—usually their mother—after being in care. Some children of parents who are misusing drugs or alcohol are given up for adoption without their parents' consent. If such parents go through rehab...
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Would it be possible for Adoption UK to tell us in a written submission what kind of guidance is required?
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
That would be helpful. I pose to Birthlink the same general question I asked Adoption UK about permanence orders and achieving their aims.
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
That is fair enough. I will go back briefly to Fiona Lettice of Adoption UK. Do you think that the guidance on permanence orders should include kinship care and an examination of the possibility of permanence orders going to members of the extended family?
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
You made a point about that in your submission. In what way do you think that permanence orders will help? You seem to be saying that children remain in the system for far too long and do not have stability. How will permanence orders improve the preparation of children for ad...
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I found the joint submission interesting, especially the section that is headed "Permanence and Life Chances". We have covered many of the issues, but I want to ask whether extending the ability to adopt will also affect permanence orders. Should the bill enhance that as well ...
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Should the bill have dealt with that aspect of fostering alongside adoption? It seems to me a bit strange that that imbalance will continue. That does not seem consistent.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
I can envisage situations in which relationships have broken down, perhaps as a result of drug misuse. Grandparents, for example, find themselves dealing with such circumstances. Half of the child's family might not be included in the process and a child could be put up for ad...
Ms Rosemary Byrne (South of Scotland) (SSP): SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I see that you welcome the provision for regulations about fostering allowances. What impact will that make? How important is this move?
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
The bill's provisions on fostering are about allowances and nothing much more. Are you disappointed by that and would you have preferred there to have been more on fostering in the bill?
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
My first question is really directed at Children in Scotland and its concerns about the recognition of the rights and views of children under the age of 12. Could you expand on those concerns?
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Do you want me to go on to the fostering issue?
Ms Byrne: SSP Committee
10 May 2006
Adoption and Children (Scotland) Bill: Stage 1
There are great pressures on the foster care system at the moment; Barnardo's mentioned that. We know that there is a shortage of foster care and that because of current problems with drug misuse and so on, the services will be pushed further. Can you give us a bit more inform...
Ms Rosemary Byrne (South of Scotland) (SSP): SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I want to ask about permanence orders. Page 3 of the submission from the Faculty of Advocates states:"we note that the welfare of the child is always at the forefront of the mind of those concerned".However, you say that section 33(3)"renders it sufficient that a permanence or...
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
It is on page 3, in the part about section 33. The comment is in the final paragraph. Sorry about that.
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Yes.
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Will you elaborate on how the system will be improved by the granting of permanence orders?
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
That is helpful. Does Sue Grant want to add anything?
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I ask Morag Wise to touch on her concerns about the drafting of the section on permanence orders.
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Thank you—that has been helpful. I think that we would appreciate some further paperwork from you on these issues.
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I want to follow up on how to provide care for children when their mother is, through drugs or alcohol, unable to care for them. There is nothing about relatives in the bill, but the extended family is another option. I think that Pat Howell or Kirstie Maclean mentioned the is...
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I seek clarification on the fostering allowance. The City of Edinburgh Council recommends that the Fostering Network rates should be used throughout the country. Will you give a short sketch of the current situation with fostering allowances?
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Is it the case that some local authorities find it difficult to recruit more foster carers because of the anomaly that the independent sector pays higher rates, which causes foster carers to move to the independent sector?
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
So you all recommend that the Fostering Network rates should apply nationally.
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Do the other witnesses agree?
Ms Byrne: SSP Committee
17 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I see that Pat Howell is nodding.
Ms Rosemary Byrne (South of Scotland) (SSP): SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I have a question for all the panel members. Will the proposals in the bill relating to permanence orders achieve the desired policy aim of providing increased stability for children?
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Your submission talks about the complicated processes that can result in additional delays for children in the care system. You say that you would like clear guidance. What kind of guidance would you like? Where should it sit?
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Does that relate to how the care orders should be managed, to the potential for adopting or not adopting and to whether permanence would be part of that?
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Do the witnesses welcome permanence orders, which will replace freeing orders and parental responsibilities orders? Why is the change in approach needed? Will the proposals achieve the policy aim of providing increased stability for children?
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
This question is primarily for the Fostering Network. We heard a lot from the previous panel about the services that children require and about the concern that permanence orders might let the local authority off the hook in terms of provision. I note that the Fostering Networ...
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Given that permanence orders will come on stream—although, as you say, that will take a few years—should we look for the bill to promote training and a protocol for foster carers? I know that those issues were raised in the reviews.
Ms Byrne: SSP Committee
24 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Do you think that there should be a protocol for foster carers?
Ms Rosemary Byrne (South of Scotland) (SSP): SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
The view has been expressed that contact with birth families should be supported and monitored, but that there should be a means of terminating that contact, if necessary. What involvement would you like to have in drafting the guidance for that? Why is that so important and w...
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Thank you. That would be helpful.
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
So, support and guidance are the key. Obviously, the child's needs will be at the top of the agenda. Do you envisage that when a child reaches an age at which they can ask for more or for less contact, that would be listened to as part of providing the guidance that we are tal...
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Do you believe that the bill's proposals on permanence orders will achieve the desired policy aim of providing increased stability for children?
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
I presume that that would include any other services and support that the child required for a smoother transition.
Ms Byrne: SSP Committee
31 May 2006
Adoption and Children (Scotland) Bill: Stage 1
Would Michael Mesarowicz like to comment?
Ms Rosemary Byrne (South of Scotland) (SSP): SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
That leads us nicely on to the next issue, which has been touched on: the role of the extended family and the need to extend the pool of people who can provide care. We are talking about a pool of adopters, but it is more than that. The bill does not really address the issues ...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
The Family Law (Scotland) Act 2006 gave fathers parental responsibilities and rights, but its provisions are not retrospective. I am concerned about what would happen if a child was to be adopted with or without the consent of the parents. Would a father who did not have the r...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
What about fathers who do not have parental responsibilities and rights? The Family Law (Scotland) Act 2006 is not retrospective.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
That is quite reassuring.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
I will move on, then.Many respondents expressed concern about the lack of detail about the interaction between permanence orders and the children's hearings system. The APRG spent a lot of time on the matter. How do you envisage permanence orders interacting with the children'...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Why does section 84 give no grounds on which a permanence order can be made? Again, that is contrary to the recommendations in the review. The section merely states that an order can be made if the parents agree or the parents' agreement is dispensed with. It does not say why ...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Section 84. It does not state grounds on which a permanence order can be made. It merely states that an order can be made if the parents agree or if the parents' agreement is dispensed with. It does not state why an agreement should be made.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Will you clarify it?
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Do you envisage the permanence orders including extended family members?
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Yes. I do not want to labour the point about kinship care, as we will come to that later, but I think that it is relevant to ask how you envisage the extended family members' role. The issue has been raised by several witnesses, but there is nothing much in the bill to tackle ...
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Yes, and encouraging that pool of people to be available.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
What I want to know is whether the Executive would regard extended families as part of the pool that we need to engage with.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Yes. Absolutely.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Right. That is fine.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
Will you be looking at limiting to three the number of children placed with foster carers, unless of course a family group is to be placed, for which other arrangements would be made? The Fostering Network raised that important point with us.
Ms Byrne: SSP Committee
07 Jun 2006
Adoption and Children (Scotland) Bill: Stage 1
I will make a brief point on kinship care. The Association of Directors of Social Work felt that an opportunity had been missed and that the bill should address kinship care to bring together the different dimensions of family placement. Children 1st also stressed the need for...
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Committee

Education Committee, 31 May 2006

31 May 2006 · S2 · Education Committee
Item of business
Adoption and Children (Scotland) Bill: Stage 1
Is there a role for extending the pool of people to whom permanence orders are available in the way that we are extending the availability of adoption to same-sex couples? The "Permanence and Life Chances" section of the submission highlights all the facts and figures that suggest that looked-after children who are accommodated in local authority care for a long time suffer insecurity and other effects. For some children, the option of adoption may not be available, but there may be an option of a permanence order, which could lead to adoption. What view do the witnesses have on that?

In the same item of business

The Convener: LD
We will move on to agenda item 1, which is our fourth day of oral evidence on the general principles of the Adoption and Children (Scotland) Bill. Unfortunat...
Stephen Small (St Andrew’s Children’s Society):
We value this opportunity to give our viewpoint on the change in legislation—I think that I can speak for my colleagues who are not here when I say that—beca...
The Convener: LD
I am pleased to say that Michael Mesarowicz has made it. I am sure that he had the usual transport difficulties in getting here, from which we all suffer at ...
Michael Mesarowicz (St Margaret's Children and Family Care Society):
Like Stephen Small, St Margaret's Children and Family Care Society generally welcomes the bill, which we think will be a good contribution to adoption legisl...
Lord James Douglas-Hamilton (Lothians) (Con): Con
Can Michael Mesarowicz expand on the comments in the St Margaret's Children and Family Care Society submission on the financial arrangements for post-adoptio...
Michael Mesarowicz:
Generally, the arrangement is that when St Margaret's Children and Family Care Society or any voluntary organisation makes a placement, it relies on a placem...
Lord James Douglas-Hamilton: Con
I have a question for St Andrew's Children's Society. Can you clarify exactly what you mean when you say:"We would welcome a national scheme for the payment ...
Stephen Small:
At present, the system is quite inequitable, as it depends on how generous each local authority's adoption allowance scheme is. I will provide a quick exampl...
Lord James Douglas-Hamilton: Con
I have a final question. Do you find that there is some discontent among elderly couples who believe that it is harder for them than for younger people to ad...
Michael Mesarowicz:
It can be. We do not get many applicants over the age of 40, and they tend to want older rather than younger children, which is appropriate. Sometimes, age c...
Stephen Small:
The law does not allow agencies to discriminate against people because of their age; however, when we are considering what is best for children, people need ...
Ms Rosemary Byrne (South of Scotland) (SSP): SSP
The view has been expressed that contact with birth families should be supported and monitored, but that there should be a means of terminating that contact,...
Stephen Small:
Contact in adoption has grown over the past 10 years. For most children in adoption, it is probably normal that there will be some degree of contact. The vas...
Ms Byrne: SSP
Thank you. That would be helpful.
Michael Mesarowicz:
At the beginning of a placement, contact can be a hurdle for prospective adoptive parents. There may be the expectation of contact or some established contac...
Ms Byrne: SSP
So, support and guidance are the key. Obviously, the child's needs will be at the top of the agenda. Do you envisage that when a child reaches an age at whic...
Stephen Small:
That would be best practice. It is easy to say that as a professional who works in adoption, but that might be more of a challenge for an adoptive parent, be...
Mr Frank McAveety (Glasgow Shettleston) (Lab): Lab
You have both given the committee extensive submissions on improving and increasing the pool of potential adopters, but your submissions have caveats about t...
Stephen Small:
We are in a kind of difficult situation, as we need to take into account the interests of a variety of stakeholders. The practice of my agency and of Michael...
Michael Mesarowicz:
I echo some of what Stephen Small said. Our view is not a reflection on individuals or homosexuality per se. We recognise that society has changed and is cha...
Mr McAveety: Lab
Of the couples who have sought to adopt with your agencies, what percentage are unmarried heterosexual couples and what percentage same-sex couples?
Michael Mesarowicz:
I am not aware that many unmarried couples apply to St Margaret's. We have some single applicants, who we assess. I am not aware that any same-sex couples ha...
Stephen Small:
A tiny minority of our applicants are heterosexual unmarried couples. In the past four years, we have approved about 80 families, of which perhaps two involv...
Fiona Hyslop (Lothians) (SNP): SNP
The committee has heard from looked-after children about the stigma that they feel as a result of being looked after. We know about the life chances that the...
Stephen Small:
That is the crux of the matter. Clearly, the best chance for every child comes from being in a home in which they are loved and cared for by adults. If that ...
Michael Mesarowicz:
That is the crux of the issue. We do not want children to underachieve. An issue arises about whether someone's sexuality diminishes their parenting skills. ...
Fiona Hyslop: SNP
I detect that you do not want us to make a decision and that you would much rather that the research was done elsewhere and that we waited to see what follow...
Stephen Small:
That is an argument. As far as I am aware, three countries in the European Union have approved same-sex couples to adopt, so we would not be waiting to see w...
Mr McAveety: Lab
Even if overwhelmingly positive evidence existed, your organisations probably have philosophical and theological views on the proposal that would make it dif...
Stephen Small:
One of the problems we have that other agencies do not is that we have a wider stakeholder group whose needs we must meet. One of the stakeholders is the Cat...