Good morning, convener, and thank you for inviting me to give evidence on the general principles of the bill.
Throughout my life, I have believed that how we treat and view children says much about who we are as a nation and a society. Children deserve to be valued, loved, cared for and nurtured, and we owe it to them and to their families to make sure that they hear that message loud and clear. Above all, we must make sure that our most vulnerable and disadvantaged children and young people hear that message and see it in action.
That is why the evidence that we have heard from James Docherty of the violence reduction unit and Lynzy Hanvidge of Who Cares? Scotland matters so much. Their honest and moving accounts of their experiences serve as stark reminders to us of what is at stake for young people who come into contact with care and justice agencies, and why we must work together to change that experience for the better.
As Minister for Children and Young People, I feel hugely privileged to be leading and guiding the bill to raise the age of criminal responsibility through Parliament. The fundamental premise that lies at the heart of the bill should not be overlooked, and I ask the committee to consider the change as just one part of the Government’s work in and journey towards bringing a rights-focused approach into all areas of government policy relating to children, especially when it comes to the children who are most affected by early trauma and adversity.
I know that some on this committee, in Parliament and in external organisations think that this change is much needed and long overdue, and I understand that some feel that we are not going far enough and that the age should be raised further. I am keen to hear their views, but I am clear that, in my view, the age to which we propose raising criminal responsibility is the right one. It is supported by the majority of respondents to our consultation and in the written evidence received by the committee. It is the age at which there is shared professional and public confidence in our proposals.
We have not arrived at the measures in the bill on our own; we have taken a collaborative approach to the work. Many of the individuals and organisations that the committee has heard from were members of the 2016 advisory group. Many continue to contribute to the working groups that have begun the detailed planning for the implementation of the bill, if it is passed.
Throughout the development of the bill, we have made and are continuing to make significant efforts to seek the views of those who will be most affected, especially children and young people. Informed by thorough and on-going engagement and consultation, the bill represents a balanced, thoughtful and ambitious reform package for Scotland.
The reforms in the bill need to be considered within the wider unique context of our taking a child-centred approach to addressing the needs of children and young people. Our distinct children’s hearings system plays a critical role in addressing and responding to children’s behaviour. It provides a flexible, child-centred and welfare-based framework for exploring and addressing the harmful behaviours that some children and young people engage in. It is where decisions are taken to safeguard and promote the child’s welfare. The system focuses on the needs of children, whether they are perpetrators or victims with broader needs. Many children are both those things, and it is important for us to bear in mind our unique children’s hearings system when we compare what we are doing here in Scotland with what happens in other countries.
The bill is a strong statement that, no matter what a child has done while they are under the age of 12, it is society’s ethical duty to treat them first as children and to acknowledge that rarely does a child with no adverse childhood experiences or challenging circumstances engage in harmful behaviour.
We are also clear that safeguards are required. There will be a small number of cases that constitute really serious harmful behaviour. The bill provides that in those very rare situations, where it is necessary to use the powers, safeguarding and promoting the wellbeing of the child has to remain a primary focus for all those involved when setting out the steps that should be followed.
We also recognise and appreciate the need to ensure that those exposed to harmful behaviour by young children continue to be properly supported. The experiences and perspectives of all victims require serious consideration and an effective response to help them to address the trauma that they may have endured.
We will ensure that appropriate information and support is available to all those children and adults who need it. In that respect, we have heard a range of views about what might be appropriate in the bill and whether there are any omissions from it. I undertake to continue to listen, to consider all the evidence and, where appropriate, to lodge amendments.
I will conclude on these fundamental points: every child deserves equal treatment under the law and all children deserve to be treated in law as we would want to be treated. As a Government and a Parliament, it is our duty to put in place the right laws and the right practice to enable our children to flourish and to ensure that we are getting it right for every child. The principles of the Age of Criminal Responsibility (Scotland) Bill will achieve that. I hope that the committee agrees.
I welcome the thoughtful approach that the committee has taken and I thank everyone who has provided written or oral evidence. My officials and I are happy to answer questions or provide more details today and as the bill progresses.