Public Petitions Committee, 30 Oct 2006

Meeting date: Monday, October 30, 2006

Official Report 260KB pdf

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Current Petitions

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Institutional Child Abuse<br />(PE535 and PE888)

We move to the second item on the agenda, which is our current petitions.

The first petitions are PE535 and PE888, both by Chris Daly. PE535 calls on the Scottish Parliament to urge the Scottish Executive to hold an inquiry into past institutional child abuse, in particular of those children who were in the care of the state under the supervision of religious orders, to make unreserved apology for said state bodies and to urge the religious orders to apologise unconditionally.

PE888 calls on the Scottish Parliament to urge the Scottish Executive, in the interests of those who have suffered institutional child abuse, to reform Court of Session rules to allow fast-track court hearings in personal injury cases, to review the implementation of the Prescription and Limitation (Scotland) Act 1973 and to implement the recommendations of the Scottish Law Commission report on the limitation of actions.

On 25 May 2005, the committee agreed to seek an update from the Minister for Education and Young People on PE535. On 5 October 2005, the committee agreed to formally link petition PE888 with PE535 and to write to the Scottish Executive and the Scottish Law Commission. We also sought the views of the petitioner on the responses we received.

Those responses have been received and circulated to members. Are there any suggestions about how we can take the petitions forward?

These petitions have, quite rightly, been going on for a long time. Given that the Minister for Justice has had discussions with the Scottish Law Commission and has asked it to conduct a review with the aim of reporting to ministers by the end of 2006, it would be useful to get an update from the Scottish Law Commission on where it has got to with that review, and in particular to get an update on its progress in considering the time-bar issue in which we are interested. We should also seek clarification of the fast-track rules and the views of the petitioner on the responses that we have received.

I completely endorse the importance of considering the time-bar issue and of coming to some resolution on behalf of constituents who have made representation to me.

Are members happy to proceed in that way?

Members indicated agreement.

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Play Strategy (PE913)

Our next petition is PE913, by Debbie Scott, on behalf of To Play or Not to Play, which calls on the Scottish Parliament to urge the Scottish Executive to adopt a play strategy that acknowledges the right of all children in Scotland to a safe, accessible and challenging play environment.

At its meeting on 8 February 2006, the committee agreed to write to Play Scotland, Scotland's commissioner for children and young people, sportscotland, the free play network, COSLA, the Big Lottery Fund, Kidscape and the Scottish Executive. Responses have been received from all those organisations. I would welcome the committee's suggestions.

I have a number of comments. I ploughed through the papers and found the responses of some organisations—sportscotland and the Big Lottery Fund, for example—quite defensive about their statutory duties. I am keen for it to be recognised that although no one is being accused of failing to meet their statutory duties, play is a wide issue that involves consideration of informal spaces; it is not just about playing fields, which people seem to have focused on.

I am conscious that it can be documented that the amount of money that is available for play in England and Wales through the Big Lottery Fund is not matched by the amount of money that is available in Scotland. I am slightly troubled by the stark disparity that exists. Although the minister has given us a helpful response in which he has listed a number of initiatives, they are not really joined up.

In the light of the minister's helpfulness, perhaps we could encourage him to work with the petitioners to develop a comprehensive national strategy on play that takes resources into account. My understanding is that significantly more support is available in Wales. I would hate us to miss out. As well as ensuring that the petitioners are sent the responses and given the opportunity to comment on them, the committee could write back to the minister to encourage him to develop an adequately resourced national strategy for play.

We could do that. We will write to the petitioners to find out their views on the information that we have received. Given that we know what the minister's position is and that information has been provided, we can approach him directly for a further response. Is that agreed?

Members indicated agreement.

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School Closures (PE945 and PE955)

Our next petitions are PE945 and PE955. PE945, which was submitted by Susan Green, calls on the Scottish Parliament to consider and debate the inadequacy of the existing legislation as regards parental consultation on school closures. PE955 was submitted by Catriona Lessani, on behalf of the parents action group for St Kevin's primary school, and calls on the Scottish Parliament to urge the Scottish Executive to review the implementation of its guidance on school closures, to ensure that parents and pupils are properly consulted.

At its meeting on 19 April, the committee agreed to link consideration of the two petitions; to seek views on both from the Minister for Education and Young People, the Educational Institute of Scotland, Glasgow City Council, North Lanarkshire Council, COSLA and the Scottish Parent Teacher Council; and to forward a copy of the petition to the Education Committee, for information only. Responses have been received from all the bodies to which we wrote. How do members suggest that we progress consideration of the petitions?

In the light of the illuminating responses that we have received and the minister's continuing dialogue with the Education Committee, it might be useful to refer the petition to the Education Committee, so that it can continue its dialogue with the minister on this important issue.

We need to keep the petition alive and to involve the Education Committee in its consideration, because the guidance on school closures crops up repeatedly. Do members agree to send the petition to the Education Committee?

Members indicated agreement.