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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 14 October 2025
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Displaying 1764 contributions

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Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Will the minister give way?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

I have one further point, to sum up. Minister, you will have gathered that the committee has some concerns. I appreciate the position in which you find yourself with regard to what you are able to control, and I empathise with you in that respect. However, are you able to commit, off the back of this discussion today, to set out specifically, based on your discussions with the Cabinet Secretary for Justice, the basis on which the committee can, as individual members, go forward to stage 3?

I cannot speak for every member, but I sense that it is not enough for us to go on to stage 3 knowing only that the matter might be looked at in a further bill or that there will be a round table at some point, given the scale of the concern over the challenge of conflicting rights. Will the minister be able to write back to the committee once she has had a chance to affirm the specifics of the next steps, including dates and so on?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Following up on that point, I accept what the minister is saying about amendment 206, and it might well be that it is a probing amendment and there is still further work to do. However, the principle has been established in terms of the current provisioning in the criminal justice system compared with the new provisioning in very serious cases, where we recognise that there could be an uptick, particularly around rape and serious sexual assault.

Is the minister willing to give further thought to how the voice of victims can be heard in the process, even if she does not accept the amendment? Clearly, there will be a marked difference in the opportunity for people to make their voice heard, which is important. It is even more important, I would argue, than providing a written statement, because, for a victim, it allows their voice to actually be heard. Will the minister give further consideration to that, even though I fully accept that the amendment might not be perfect in relation to the legislation?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Is the minister able to respond to my earlier question about there being equitable representation from victim groups and those of the accused at the round-table event?

I appreciate that the Government will give consideration to the matter—I agree that it should do that—but I want you to flesh out the nature of that consideration. As my colleague Ruth Maguire alluded to in the earlier group of amendments, balancing rights is a challenge, but representation must be equitable.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

I will pick up on a tiny point regarding the issue of rights. In the event of the UK Government wishing to remove us from rights—for example, the ECHR—which has been presented as a very real possibility if not a threat, have you considered the extent to which that would implicate the rights provisioning in the bill?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Have you had advice on that? I am just probing a bit more about the rights-based element and the extent to which you can be confident in all potential legal scenarios. Are you confident that the advice that you have received thus far takes cognisance of that possibility, from the point of view of children’s rights?

Finance and Public Administration Committee

National Care Service (Scotland) Bill: Financial Memorandum

Meeting date: 25 January 2024

Michelle Thomson

I think that you have made my point for me. I suspect that the committee will continue to be interested in the relationship between cost and economic benefit. The wider macroeconomy frames whether we can afford this, so the economic benefit is utterly vital. Because of how the process operates, it is somewhat removed from the committee, which is an issue that has been brought up before. Notwithstanding the moral benefit, which you make a good case for, I am on the basis of the figures—which I thank you for reminding me of—less convinced that the economic benefit will be sufficient, given all the cost uncertainties. That said, you have done a lot of good work on that.

Finance and Public Administration Committee

National Care Service (Scotland) Bill: Financial Memorandum

Meeting date: 25 January 2024

Michelle Thomson

The point that I am trying to make is that—

Finance and Public Administration Committee

National Care Service (Scotland) Bill: Financial Memorandum

Meeting date: 25 January 2024

Michelle Thomson

Well, this is a fundamental issue.

The committee has spent a lot of time evaluating costs. I have conceded to your staff that I recognise the work that has been done on costs, and I concede that point to you, too. The nature of a framework bill means that such work is needed—and we have had lots of discussions about that—but I am probing the economic benefit. If you have done lots and lots of work, why have we not seen lots and lots of work? The committee’s confidence is underpinned by this, so given that you have said that lots and lots of work has been done on the economic benefit, I think that seeing that work might have given us further confidence.

Finance and Public Administration Committee

National Care Service (Scotland) Bill: Financial Memorandum

Meeting date: 25 January 2024

Michelle Thomson

Thank you for pointing out that detail in the business case, but the obvious point is that any normal assessment would look at the extent to which economic benefit outweighs the cost. Given the numbers in the business case, I accept the rationale and the caution that you have applied—and I agree with that; I think that it is the right approach—but, even from just talking through those numbers, I think that it is abundantly clear that the margin between cost and benefit is significant.