Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

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

Criathragan Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
Select which types of business to include


Select level of detail in results

Displaying 2046 contributions

|

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

I want to have a wee look at enhancing the rights of children—16 and 17-year-olds—in police custody. As I understand it, the bill will ensure that, wherever possible, they are not detained in police custody in the first place and that their parents are notified, unless the child objects, in which case they can identify another individual in that respect. The two things that will always happen are that the local authority will be informed, given its wider duty of care, and the child will not be able to waive their right to a solicitor.

I hope that I have summed up the enhanced rights, but are they sufficient? What difference will they make? Should the range of rights that I have suggested be added to? Ben Farrugia, do you want to go first?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

So, the notification requirements and active engagement from the local authority, social work or whoever will be, as you have described it, a stretch. Perhaps this would be an appropriate time to bring in Councillor Buchanan.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

Do you want to flesh that out a little? Can you give a specific example, other than capacity issues, of where police custody would be absolutely unavoidable, which would mean that we would not want the provision to be included in the bill?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

Are some young people being put in secure units just now because the threshold to apply a movement restriction condition is quite high? Could we avoid putting them in a secure unit if the threshold were lowered, with the appropriate support package, of course?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

Are there young people who are in secure placements longer than they would be if the threshold were lowered to allow movement restriction conditions to be applied in a way that allowed them to leave secure accommodation earlier, again with the significant caveat about an appropriate support package being in place? I do not think that that has been discussed in evidence so far.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

This is not part of our questioning, but I wonder whether investment now in social work and local authority engagement with 16 and 17-year-old young people will not just be the right thing to do but represent a cost saving in future years, as they might be less likely to have direct interaction with the judicial system. Is it worth making that investment?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

I have half a supplementary question now, because witnesses have already dealt with the idea of not setting up young people to fail by not putting a support package around them when they get a movement restriction condition, so I will not pursue that part of it. However, we have not really heard about any potential opportunities arising from altering the threshold to make it easier to apply a movement restriction order.

Witnesses have said that putting a restriction on a young person’s liberty is a major thing to do and that legal advice and so on is required before it is applied. However, if it was applied instead of a placement in a secure unit, it would represent less of a restriction of liberty. It could be applied in order to get a young person out of a secure unit earlier—as a pathway to restoring liberty by giving the young person their rights back on a tapered basis—which would be an additional benefit.

Could you outline whether you believe that there are opportunities along the lines that I have suggested, so that we do not just hear the potential negatives?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

Finally, I note that Ben Farrugia did not suggest any additional rights that he might wish to see at this stage, but instead said that we should get these ones on board in legislation, see how they pan out and then go back and consider the issue. My briefing paper suggests that I might want to nudge you slightly on that. Is there a case for saying that children should never be detained in a police station under any circumstances? If so, should that be in the bill? Can you provide any practical examples in which there would be no alternative to detaining a young person in a police station?

Those are the two extremes, if you like: should we go further and put something in the bill, which would mean that we would lose the flexibility, or, as a counter, do we need to have flexibility? I am targeting Ben Farrugia with that question.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 26 April 2023

Bob Doris

Ben, do you want to add anything?

Standards, Procedures and Public Appointments Committee

Subordinate Legislation

Meeting date: 20 April 2023

Bob Doris

I welcome the regulations, which amend schedule 6A of the Local Government (Scotland) Act 1973 and mean that there will be reciprocal candidacy rights with four European nations. I place on record my hope that those rights will be extended in short order to all European Union nationals who have made their home in Scotland. It is a pity and a shame that we are in a situation where we can do that for only four nations because of Brexit. There may be a policy drift.

I will leave it there. I am content with and agree to the provisions before us.