Committee
Education and Skills Committee 17 February 2021
17 Feb 2021 · S5 · Education and Skills Committee
Item of business
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill: Stage 2
I am keen to work with the cabinet secretary to make any corrections or adjustments to the amendments at stage 3. I press amendment 32. Amendment 32 agreed to. Sections 79 to 82 agreed to. Section 83—Confidentiality of information Amendment 33—Daniel Johnson—moved and agreed to. Section 83, as amended, agreed to. Section 84—Power to share information with third parties Amendments 13 to 15 not moved. Section 84 agreed to. Section 85—Provision of support to persons in connection with an application Amendment 119 moved—John Swinney—and agreed to. Section 85, as amended, agreed to. Section 86—Provision of support to certain persons eligible for a payment etc Amendment 99 moved—John Swinney—and agreed to. Amendment 16 not moved. Section 86, as amended, agreed to. Section 87 agreed to. Section 88—Duty on Scottish Ministers to pay certain legal fees in connection with applications Amendment 120 moved—John Swinney—and agreed to. Section 88, as amended, agreed to. After section 88 Amendments 121 to 123 moved—John Swinney—and agreed to. Amendment 124 moved—Kenneth Gibson—and agreed to. Section 89—Assessment of amount of payment Amendment 17 not moved. Amendment 125 moved—John Swinney—and agreed to. Section 90—Notification and review of payment Amendment 126 moved—John Swinney—and agreed to. After section 90 10:45 Amendments 127 and 128 moved—John Swinney—and agreed to. Before section 91
In the same item of business
The Convener
SNP
Item 5 is day 2 of our consideration of stage 2 amendments to the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. I confirm to member...
The Convener
SNP
The first group of amendments is on second application in light of new evidence. Amendment 59, in the name of the cabinet secretary, is grouped with amendmen...
The Deputy First Minister and Cabinet Secretary for Education and Skills (John Swinney)
SNP
Good morning. In speaking to these amendments, I acknowledge last week’s contribution on the subject from my colleague Mr Neil, who raised his concern about ...
The Convener
SNP
Thank you, cabinet secretary. No member has indicated that they wish to contribute to the debate on amendment 59. Amendment 59 agreed to. Amendment 108 mov...
The Convener
SNP
The next group of amendments is minor and technical. Amendment 60, in the name of the cabinet secretary, is grouped with amendments 113, 115, 119, 130 and 101.
John Swinney
SNP
This group consists of a number of technical amendments on various provisions of the bill. Amendments 60, 101 and 130 ensure that, for consistency throughout...
The Convener
SNP
No member has indicated that they wish to contribute to the debate on amendment 60. Amendment 60 agreed to.
The Convener
SNP
The next group of amendments is on the period for submission and prioritisation of applications. Amendment 109, in the name of the cabinet secretary, is grou...
John Swinney
SNP
I thank the committee for raising the issue of scheme duration in its stage 1 report, and I am in whole-hearted agreement with its conclusion that the durati...
Daniel Johnson
Lab
I should say at the outset that I welcome these amendments. It is important that we maximise the opportunities for survivors to make applications. However, e...
John Swinney
SNP
There is no absolutely precise answer to that question; it is a matter of judgment. The thinking behind the timescale has essentially been that it provides a...
Daniel Johnson
Lab
I thank the cabinet secretary for those remarks. Amendment 109 agreed to. Amendments 110 and 111 moved—John Swinney—and agreed to. Section 29, as amended,...
The Convener
SNP
The next group of amendments is on initial determinations. Amendment 61, in the name of the cabinet secretary, is grouped with amendments 65, 68, 77, 79, 81,...
John Swinney
SNP
Last week, I said to the committee that I want to make sure that the operation of the waiver is fair to survivors. Some of the views that the committee heard...
The Convener
SNP
Mr Swinney, we lost your connection there, so we missed the last few sentences.
John Swinney
SNP
Okay. The amendments are part of a package of stage 2 amendments that are designed to enhance the protection for survivors. I ask the committee to support th...
The Convener
SNP
We move on to determination of applications. Amendment 25, in the name of Daniel Johnson, is grouped with amendments 63, 112, 104 and 104A.
Daniel Johnson
Lab
It is a fair reflection of the evidence that the committee took and the discussions and deliberations that the committee carried out in public and in private...
John Swinney
SNP
I thank Mr Johnson for lodging amendment 25. I agree in principle with elements of the approach that is set out in the amendment, some of which have been inc...
Alex Neil (Airdrie and Shotts) (SNP)
SNP
I thank Daniel Johnson and the cabinet secretary for their supportive comments in relation to amendment 112 and consequential amendment 104A. As we all know...
Jamie Greene
Con
I have two brief comments on the amendments in this group. One is on the evidence threshold. In theory, we would have supported Mr Johnson’s amendment, on th...
Oliver Mundell (Dumfriesshire) (Con)
Con
Like Jamie Greene, I support Daniel Johnson’s approach while recognising that there are technical issues with his amendment. I am keen to see what progress i...
The Convener
SNP
Mr Mundell, the cabinet secretary has requested to intervene.
Oliver Mundell
Con
I am happy to take the intervention.
John Swinney
SNP
I am grateful to Mr Mundell for accepting the intervention—I do not have the opportunity to sum up in this debate, so it gives me a chance to respond to the ...
Oliver Mundell
Con
That is exceptionally helpful. I am grateful to the cabinet secretary for that, as I know that it will provide a lot of reassurance to survivors and victims,...
Daniel Johnson
Lab
I thank the cabinet secretary and committee members for their comments on the amendments to this section. I acknowledge that the amendments proposed by Alex ...
The Convener
SNP
The next group is on findings of fact. Amendment 64, in the name of the cabinet secretary, is grouped with amendments 66 and 97.
John Swinney
SNP
A fundamental aspect of the redress scheme is its non-adversarial nature. It is intended to be an alternative to a court-based process, and its purpose is no...
The Convener
SNP
The next group is on payment amounts. Amendment 69, in the name of the cabinet secretary, is grouped with amendments 70, 26, 27 and 71 to 73. I draw members’...