Committee
Equalities and Human Rights Committee 20 June 2019
20 Jun 2019 · S5 · Equalities and Human Rights Committee
Item of business
Children (Equal Protection from Assault) (Scotland) Bill: Stage 2
It has been an interesting discussion. I am happy to clarify the status of and intended audience for guidance in revised amendments at stage 3 and to look at adding clarity to some of the terms used. On the commencement issue, it was not actually a condition that I was looking for; rather, it was a matter of how to get guidance issues discussed. There was nowhere else for such provisions to fit easily into the bill and I was advised that that wording was the best way to do it. I will look at the possibility of removing the wording at a later stage. On Mary Fee’s points, as I said to Alex Cole-Hamilton, the amendments only refer to guidance “on the operation of this Act”. Secondly, paragraph (1I) of amendment 6 says that the guidance would not be limited to “independent legal advice and contact with a nearest relative or other trusted adult”. It is just that those are two things that I feel strongly about. Independent legal advice is important because, in these marginal or difficult cases, children should be able to understand the probability of success of court action, how they wish to interact with that and what their rights are. 10:30 The nature of a relationship between a child and their parent is special and is recognised as being legally different from other relationships in law. Given the sensitivities around charges that are likely to be made as a result of the defence being abolished, it is really important, and I am sorry that I have not pursued this in relation to other offences. It is an important point. I accept the consensus view on amendment 5 and I will not seek to push it. However, I will press amendment 4 and seek to move amendment 6 at this stage. They could be tidied up or perhaps moved to another section of the bill at stage 3.
In the same item of business
The Convener
SNP
Item 2 is stage 2 consideration of the Children (Equal Protection from Assault) (Scotland) Bill. I welcome John Finnie, the member in charge of the bill, and...
Adam Tomkins (Glasgow) (Con)
Con
On a point of clarification, convener, I lodged two amendments to the bill, which I understand that you decided not to select for debate. The only reason tha...
The Convener
SNP
I thank the member. Standing orders rule 9.10.4 states that it is for the convener of a committee to “determine any dispute as to whether an amendment of wh...
Adam Tomkins
Con
I am grateful for that explanation, which I understand. However, I do not understand why my amendments were deemed to be contrary to the general principles o...
The Convener
SNP
It is a long-standing convention that the Presiding Officer and conveners do not explain their decisions on admissibility. However, to be helpful, I note tha...
The Convener
SNP
Amendment 1, in the name of Oliver Mundell, is in a group on its own.
Oliver Mundell (Dumfriesshire) (Con)
Con
Amendment 1 is designed to be a simple amendment that seeks to draw together some points of consensus that emerged during the stage 1 evidence and to give re...
Gail Ross (Caithness, Sutherland and Ross) (SNP)
SNP
I have a couple of questions about amendment 1. One is about the line that says “prevent the child from committing a criminal offence.” I am looking for cl...
Oliver Mundell
Con
The amendment seeks to introduce “for the avoidance of doubt” wording. It would not change the law or what is already in the bill; it would just provide some...
Gail Ross
SNP
I thank Oliver Mundell for that. I am pleased to hear him say that he might look again at the wording. I would be happy with that.
Mary Fee (West Scotland) (Lab)
Lab
Good morning, everyone. I will say a few brief words in support of Oliver Mundell’s amendment 1. It reflects the concerns that we heard from a number of witn...
Alex Cole-Hamilton (Edinburgh Western) (LD)
LD
I thank Oliver Mundell for reaching out to Opposition members in discussions about potential amendments for stage 2. I am sorry to say that I cannot support ...
Adam Tomkins
Con
The member says that the bill brings clarity because it draws a line under the physical punishment of children—I think that that is what he just said. Does h...
Alex Cole-Hamilton
LD
I am grateful to the member for his intervention, but I do not accept that premise at all. We are talking about the removal of a legal defence that used also...
Oliver Mundell
Con
The member might be interested to know that I tried to lodge a version of my amendment with wording that was similar to that, but I was told by the legislati...
Alex Cole-Hamilton
LD
I am grateful for the member’s clarification on that point. It is very helpful. When the member and I discussed potential stage 2 amendments—I am keen to fo...
Oliver Mundell
Con
Will the member take an intervention on that point?
Alex Cole-Hamilton
LD
I will do so in a minute. First, let me finish my point. The amendment might have said that, at the point of referral by police or social work, the Crown Of...
Oliver Mundell
Con
Again, I point out to the member that I tried that approach. I included a best interests test, which was my preferred approach. However, I was told that the ...
Alex Cole-Hamilton
LD
I am grateful for that clarification. I have another anxiety, in addition to the fact that the amendment undermines the clarity that the bill affords by arg...
The Convener
SNP
Before Oliver Mundell replies, I note that he will have the opportunity to wind up, so we should maybe keep moving.
Oliver Mundell
Con
I will pick up those points in my winding-up speech, convener.
Alex Cole-Hamilton
LD
For all the reasons that I have set out, I am afraid that I cannot support amendment 1.
The Convener
SNP
Does Fulton MacGregor still want to come in?
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
Gail Ross and Alex Cole-Hamilton have covered the main points that I was going to make. I think that the intention behind the amendment is correct, and, foll...
The Minister for Children and Young People (Maree Todd)
SNP
I welcome the opportunity to speak for the Scottish Government in a very important debate for all children in Scotland. We cannot support amendment 1 for se...
Oliver Mundell
Con
I understand the point that the minister is trying to make, but given that the bill refers to the removal of a defence, it is pretty clear that those would b...
Maree Todd
SNP
If amendment 1 is designed to provide that, in certain unspecified circumstances, a parent or carer could say that they used physical punishment because it w...
Oliver Mundell
Con
I thank the minister for giving way again. As I said to Alex Cole-Hamilton, I sought to make reference to the 1995 act in a previous draft of my amendment, b...
Maree Todd
SNP
There is already general provision on parents exercising their responsibilities in the interests of the child. The bill will not, in its impact on existing l...