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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 17 September 2025
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Displaying 1824 contributions

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Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

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

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Will the member take an intervention?

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

Or an undercapacity problem.

Education, Children and Young People Committee

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

Meeting date: 31 January 2024

Martin Whitfield

I am very grateful for that. That was helpful.

On the issue of restorative justice for children, such an approach can work only when all parties are open to it and maintain that openness as they go through the system. We have seen challenges arising with restorative justice in other environments in which there has been a misunderstanding as to what the restorative justice is, or rather a misunderstanding among those surrounding the individuals who take part in restorative justice. The minister was right to mention the 2017 publication. Is there an intention to revisit, to review or, indeed, to republish that guidance under the provisions of the bill that the committee has already amended? Will that be taken forward?

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

It is right to say that others’ rights and an individual young person’s welfare can clearly come into conflict. However, when a young person’s own rights and own welfare could come into conflict, I struggle to see when the decision would be that their welfare should take priority over their rights. Will the minister expand on when she sees the potential danger of a conflict between a young person’s rights and their welfare?

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

On that point, is there not a challenge, given that, when you have a victim who is within the children’s hearings system through one part of the referral, their welfare is taken into account, but a victim who does not happen to be part of the children’s hearings system, because of the circumstances of the individual referral to it, will go unheard?

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

It is a pleasure to take part in this stage 2 debate. For the purpose of practice, if nothing else, it may be beneficial that there is only one amendment in this first group.

Amendment 164 aims to highlight the importance of the purpose that underpins the bill, which is to promote the wellbeing and rights of children in the children’s hearings system and the criminal justice system. That was reflected in the policy memorandum that was published when the bill was introduced, but clearer evidence as to the purpose behind the bill should be given in the preamble.

I move amendment 164.

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

I am slightly disappointed by the minister’s response. There is almost a contradiction between seeking the nuance that the bill and its amendments contain and saying that my amendment 164 would blur the overall view. The promotion of the rights of children and their wellbeing should sit at the heart of anyone in Scotland, particularly when children come into contact with the children’s hearings system and the criminal justice system. Under the circumstances, I will press the amendment.

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

Three amendments in this group bear my name. Two of them—amendments 174 and 176—cover a similar situation in that they seek to add the victim into the consideration when an MRC or CSO is made.

The other amendment in my name, amendment 184, relates to the procedural rules and speaks to the responsibility to take into account the victim’s needs in decision making. We have heard a lot about transparency and the role of the children’s hearings system in making decisions, and it is important that those who are closest to the situation but who are not immediately involved in the decision making are aware of what is going on and that their needs are taken into account when decisions are made.

Education, Children and Young People Committee

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

Meeting date: 24 January 2024

Martin Whitfield

I am, as always, conscious of the time and the contribution necessary to get these things over the line.

My amendments relate to the reporting duty by which the use of multi-agency approaches will be held to account. The fact is that no one solution will help any individual young person; what is required is the coming together of different areas of support. There is an obligation on the Scottish ministers to ensure that those different areas can come together, are recognised and can have a say in supporting our young people. Amendment 188 requires the steps that have been taken and approaches that have been pursued to be set out, to allow us to hold to account the Scottish Government or the Scottish ministers as those responsible for such approaches.