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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: 22 March 2023

Ruth Maguire

We heard from the first panel that it would be highly unlikely for a child in need not to meet the means and merits test. If there is a difficulty with pressures on legal aid solicitors in that, if legal aid is not automatic, it might be problematic for children—

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

I am sorry to cut in again, but I just want to make sure that I am getting this right. Are you saying that, for an MRC to work and for someone to be kept at home, their home has to be safe and stable, which is perhaps why MRCs are not used?

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

Good morning. I want to ask about compulsory supervision orders. The bill makes several changes to movement restriction conditions, including broadening the criteria for MRCs to include

“consideration of ‘harm’ rather than ‘injury’”,

and the use of MRCs

“where it is necessary to help the child to avoid causing physical or psychological harm to others.”

We have received written evidence from the SCRA on the use of “fear, alarm and distress” as a subjective test. I would be keen to hear the panel members’ views on those proposed changes. We have heard about the positive side of using subjective approaches, but there is also risk in there. I am particularly interested in the point that has been raised that

“there is a risk that children could be placed on MRCs, and have their liberty and behaviour restricted for a far wider range of behaviour”

than might be intended in the bill. It is your evidence that I am referring to, Alistair, so I will come to you first. We can then hear from the other panel members.

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

Your evidence also mentions the potential absence of legal representation.

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

You all agree. Thank you.

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

I know that all panel members are concerned with the rights of children, so, as a follow-up on the same topic, I would be interested to hear whether the bill’s provisions go far enough in offering support and rights to the children and young people with MRCs. You have all said that intensive support is needed, but are there any protections that children with an MRC need but do not have?

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

I am sorry to interrupt, Fiona. Can I just make sure that I am picking you up right? Are you saying that most of the children who are in secure care would not meet the criteria?

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

My question is about movement restriction conditions. A number of submissions have raised concerns about changes to them. The evidence from Clan Childlaw specifically mentions the uncoupling of MRCs from secure care orders and the lowering of the threshold for use of MRCs. Why do you have those concerns?

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

Fiona, do you have anything to add to that?

Education, Children and Young People Committee

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

Meeting date: 22 March 2023

Ruth Maguire

Is that because their behaviour is harmful or because of their welfare needs?