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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 5 May 2021
  6. Current session: 12 May 2021 to 7 August 2025
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Displaying 732 contributions

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Education, Children and Young People Committee

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

Meeting date: 3 May 2023

Ruth Maguire

You say that the bill builds on what is already there. I find it interesting that you have said that you feel that there is no change when, clearly, the bill widens the criteria. I am not necessarily disagreeing, but I think that it is important to be very clear about any potential risks or benefits of broadening those criteria. It is not more of the same; it is different.

Education, Children and Young People Committee

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

Meeting date: 3 May 2023

Ruth Maguire

That is helpful, thank you.

My final question is about the effectiveness of MRCs. The policy memorandum says that no evaluation of the effectiveness of MRCs has been carried out. How will their effectiveness be evaluated going forward?

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

I would like some clarification from Stephen Bermingham. You said that we could not tell a victim details of a compulsory supervision order, which I absolutely appreciate. You will all have real-life examples of where harm has been done and there is a victim. In terms of the victim’s safety planning, you said that there could be informal ways that children and their families might be able to understand—I will just say it bluntly—that they would be safe and they would not encounter the person who had harmed them in certain areas. Is that the sort of thing that you mean, whereby their victims could be partially informed without getting the details of the individuals? Does that make sense?

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

I hear what you are saying and I am sure that, in extreme circumstances, they would have to do so. I suppose that I am thinking of examples—I will not start talking about specific ones—whereby harm can be caused that is not reaching that level, which we could be preventing.

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

I am grateful that you raised that, because another of our concerns is the subjectivity of that change. In its submission, SWS also mentioned some concerns in that area. Is there anything that you would like to share in that regard?

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

Is that element of the safety of the victim covered in existing guidance for practitioners and professionals?

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

I am skipping the queue—thank you, convener, and apologies to other committee members.

We have heard some concerns that compulsory supervision orders might not attract the same safeguards—the obvious one is the entitlement to legal representation—against depriving children of their liberty. I noted that Children’s Hearings Scotland had some concerns about the methods for tracking people, which the Information Commissioner might share in terms of the right to privacy.

I am keen to hear reflections on that point so that we can get on record what the concerns are about that. Does Jenny Brotchie want to go first?

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

That is helpful. Thank you.

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

If that would be acceptable, yes, I do.

Education, Children and Young People Committee

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

Meeting date: 26 April 2023

Ruth Maguire

Children’s Hearings Scotland had raised that point in relation to children’s rights to privacy.