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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 September 2025
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Displaying 2100 contributions

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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?

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.

Education, Children and Young People Committee

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

Meeting date: 29 March 2023

Bob Doris

I see that Sheriff Mackie wants to come in. I am breaking my own rules now, but do you want to add something, Sheriff Mackie? I will take you in a second Meg, if that is okay.

Education, Children and Young People Committee

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

Meeting date: 29 March 2023

Bob Doris

That is really helpful. Thank you.

Education, Children and Young People Committee

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

Meeting date: 29 March 2023

Bob Doris

I have one final question. Meg Thomas can come in on this.

I just want you to bring to life how movement restriction conditions could provide some comfort for the victims, who are usually other young people. Are we talking about restrictions from the local high street, if that is where a lot of the offending and risky behaviour has taken place, or from parks or train stations? I hope you can bring to life for us a little what the conditions would be used for, because at the moment it is an abstract concept for the committee. What kind of restrictions are we talking about? What benefits might there be, if information is communicated properly and effectively, for the reassurance of victims?

That is my final question. Meg, you have been very patient.

Education, Children and Young People Committee

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

Meeting date: 29 March 2023

Bob Doris

Ruth Maguire has asked most of the questions that I wanted to explore. I understand why most of the witnesses are quite sceptical of some of the aspects of the bill in relation to MRCs, but they jumped out at me as a potential opportunity for a young person. Perhaps I am being naive, but if the case for the young person going into secure accommodation was borderline, perhaps a less severe restriction could be placed on them, which might be provided by the MRCs.

I would like to turn the whole thing on its head, if that is okay. What might you see as positive about using movement restriction conditions—with regular review, and with appropriate legal advice and advocacy—instead of secure care when less restrictive orders have been rejected as inappropriate? So far, all we have heard is the negatives. What are the positives?

Education, Children and Young People Committee

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

Meeting date: 29 March 2023

Bob Doris

That is helpful. I will bring in Meg Thomas in a wee second, but first I want to put something on record—I hope that I will get nodding heads and will not have to go to three different people to get the same answer. We heard from the first panel that movement restriction conditions can be used when young people are stepping down from secure care back into the community. We heard a concern that, if there is no wider support package, we might be setting up the young person to fail or not meet the conditions. It might escalate their interaction with not just the children’s system but the adult judicial system if we do not get the wider package correct. Do you concur with that?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

That is very helpful. I understand that you made a specific recommendation in relation to the report by the Public Audit and Post-legislative Scrutiny Committee in session 5. You said that you would like to replace the current requirement for a public authority to maintain a publication scheme with a duty to publish information. I am keen to know the difference between those. I know that the duty would be supported by a legally enforceable code of practice. It would be helpful for the committee to know the distinction between the current requirement and a duty and the difference that that would make.