Seòmar agus comataidhean

It is difficult, convener, but I understand. I will leave my comments there. My summing up will be much shorter.

Given the result of the division on amendment 195, I will not move it.

Amendment 196 not moved.

Amendment 197 moved—[Martin Whitfield].

What is the balance between young people who are not in secure accommodation but are identified as needing secure accommodation and those who have reached 18 but might need to stay in secure accommodation? What is the balance between the push to get in and the need to stay in as young people travel past their 18th birthday?

I am conscious of the committee’s time, so I will try to make my comments as short as possible.

Given that the purpose behind the amendments that I have lodged has, in some cases, been addressed already by the minister, I would suggest that, if the minister is open to this, I will just ask questions for her to respond to instead of making a submission. That approach might facilitate my decision on whether to move the amendments.

First of all, I welcome the Government’s amendment 105. On amendment 207, in my name, which relates to alternatives to detention of children, the minister is right to suggest that it sets out a general requirement instead of specifically addressing any individual act, which would be completely inappropriate given the nature of assessment from the individual’s point of view. That said, is the minister confident or certain that the reporting provisions that she has already outlined and the requirements under UNCRC mean that this particular information will be made available annually to the public? I realise that it might not come specifically from the Scottish ministers but will instead be found in a variety of places.

I am very grateful. Let me rephrase the question. Is it the Government’s intention to review and republish what started as the 2017 guidance as soon as possible, given how important restorative justice is not just in relation to the bill but in the wider context across Scotland? Will the Government use its best endeavours to achieve that? Is it happy to do that?

I am very grateful for those assertions.

Will the minister take an intervention in relation to this section?

Section 14 of the bill deals with the steps to safeguard the welfare and safety of children in criminal proceedings. My amendments include provisions to take better account of young people, and to insert in various parts of the bill the obligation to consider not just the welfare and the safety of young people but the rights of young people.

A number of the amendments are short, but amendment 196 would add a provision to section 14 of the bill—which, in turn, adds a section to the 1995 act—to allow

“the child an opportunity to express the child’s views in”

a way that the young person prefers.

As we have already heard in relation to a number of amendments this morning—and this is the position of the Scottish Government—the young person, including their role, maturity and ability, needs to be taken into account. As a consequence, we must also take into account the manner in which the young person can express their preferences and understanding. That would extend to having regard to the child’s views, taking into account their “age and maturity” in particular. I have already pressed the Government in respect of the test that would be applied to that and it has offered to discuss that.

All of my amendments refer to the importance of a young person being able to understand what is happening to them and being in a position in which they can, as far as is practicable, be comfortable with those around them so that they can express their views. It is important that they are able to understand the consequences of decisions that they might be asked to make in circumstances in which they would, understandably, be concerned, stressed and emotional. Given the purpose of the bill, it is important to have a requirement to make their journey not only as comfortable as possible but as understandable as possible to the young person in a way that is appropriate to their age and their levels of understanding.

I could go into some detail with regard to specific amendments, but, having detailed amendment 196, I will just mention that amendment 198 and subsequent amendments would remove “may” to insert “must” so that the requirement is that the adults—not just those immediately around the young person but those who are involved in the administrative processes—must take account of the young person.

I have nothing further to add, but I will respond to any questions that members might have, and I will respond to any comments that the minister might make subsequently. I will move all of my amendments in this group when required.

I move amendment 193.

Will you take an intervention, minister, or would you rather take it at the end?

Will the member take an intervention?