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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 23 October 2025
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Displaying 2633 contributions

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Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

We want to get into a lot of those areas.

We will move to questions from committee members.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

Does Fraser McKinlay want to come back in?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

Do you think that that is an area in the bill that should be strengthened?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

I call Roz McCall.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

I think that a number of us will be searching for that information, so, if you find it first, please inform the committee.

The committee had quite a lot of responses to the call for views that were supportive of the provision to expand the circumstances under which the relevant person could be temporarily excluded from a hearing. Sheriff Mackie, you raised potential difficulties with assessing whether someone was causing “significant distress” to a child, and you suggested that a more rights-based approach could be adopted. Could you briefly explain how that would work?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

That is very helpful. Our questions have been wide ranging, as have your answers, which shows the scope of the bill. We appreciate your time. If we have not covered certain points, we certainly have the information in your written evidence, which was comprehensive and very much appreciated by the committee. It will help to form our conclusions on stage 1.

Thank you all for staying beyond the allocated time. I will briefly suspend the meeting to allow for a changeover of witnesses. We will be back in 10 minutes.

11:33 Meeting suspended.  

11:42 On resuming—  

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

I welcome our second panel of witnesses today and reiterate my apologies that we are running behind—I am grateful that you have been patient with us. I think that you can remain for the session.

I formally welcome Claire Burns, director of CELCIS; Kate Thompson, policy officer for the Children and Young People’s Commissioner Scotland; Katy Nisbet, head of legal policy at Clan Childlaw; and Maria Galli, convener of the child and family law sub-committee at the Law Society of Scotland.

We will pick up on a lot of what we heard from the earlier witnesses. One of Fraser McKinlay’s final points was about how some of the legislation adds to the Children (Scotland) Act 1995, which, because it is pre-devolution is outwith the scope of the UNCRC and the ability to appeal. What are your concerns? We have certainly had a lot of submissions and that is one of the big issues that has come up in responses to our call for evidence. It has been highlighted by a number of people and, as I say, Mr McKinlay mentioned it towards the end of the earlier session. Would anyone like to explain their concerns about it and what can be done to resolve those concerns?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

As the Housing (Scotland) Bill is at a more advanced stage, are there any lessons that we can learn about how that issue was approached at stage 1 and stage 2, or is there still further work to be done?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

How have we got to a point where so many respondents have highlighted that concern? I presume that the Government knew what it was doing. It has engaged in some ways and was aware of similar issues with other bills. Is it your understanding that the Government took a decision and that the situation is not merely a consequence of it not fully understanding what would happen here? Can anyone answer that? We will certainly put it to the minister.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 10 September 2025

Douglas Ross

I will make ask some final questions before I turn to other members. Can you imagine any reason or rationale for the Government deciding to do that? What do you think the Government’s response will be? What would you say to any suggested counterargument against what you are unanimously saying, which is that the bill takes the wrong approach? The Government has probably thought about it and decided to go down that route. Can you imagine any counterargument that the Government would come up with, or do you think that it will have to make changes at stage 2?