Chamber and committees

It just gives us some context for the changes and shows that we are not just doing something—

We recognise the need for victims of crime to be respected and to feel that they have received appropriate support, regardless of how the person who perpetrated the crime is punished.

It is worth recognising that the change in regulation will affect young people and that there is a robust process to look at whether they should be removed from the barred list. Lynne McMinn has explained the process that people would go through. We can be assured that anyone who is removed from the barred list is suitable to work with groups that they had previously been barred from working with. None of us would want to remove from the lists anyone whom we felt was not suitable for work with children and young people or with vulnerable adults.

Thank you for inviting me to speak to the regulations. I will not go into the technical detail of what they do, because that has already been explained in the accompanying documents that have been produced by Scottish Government officials, which are complemented by the Scottish Parliament information centre paper.

I point out that the Protection of Vulnerable Groups (Scotland) Act 2007 has always included provision to allow barred individuals to make an application to be removed from the barred lists. Removal is contingent on ministers being satisfied that the applicant is no longer unsuitable to work with vulnerable groups.

To be absolutely clear, I point out that the policy proposal allows people aged 18 to 25 to apply to be removed from the barred lists sooner, but such an application does not lead to automatic removal. A thorough and well-established process for considering removal applications, which replicates the process for inclusion in the barred lists, is carried out by Disclosure Scotland’s protection services. The proposal in the regulations is also consistent with the situation in the rest of the United Kingdom, where individuals are able to ask for a review of a barring decision by the disclosure and barring service.

The system of state disclosure that we have today is in direct response to the tragic Soham murders of August 2002. This Government will never forget why the service is so important. Indeed, my predecessor introduced the bill that became the Disclosure (Scotland) Act 2020. Once fully implemented, the 2020 act will deliver a range of reforms to the protecting vulnerable groups scheme to strengthen the national barring service.

The Scottish Government is committed to giving everyone a better chance of overcoming early adversities, including youth offending, in order to allow people to become productive and valued citizens in adulthood. Our policy proposal in the regulations is in keeping with the wider reforms that have been achieved by the 2020 act, and it strikes a balance between safeguarding and proportionality by enabling people with offending in their past to move on—where safeguarding considerations allow it—into work, employment or volunteering.

Disclosure Scotland has been engaging with relevant academics and experts in the formulation of policy supporting the measure. There is a clear association between age and desistance from crime, and the evidence supports recognition in policy of that association. However, in every case it is right that the individual circumstances be considered in order that a safe decision can be made about whether it is right to remove a person from the barred list.

We know from the responses to the 2018 consultation on protection of vulnerable groups and disclosure of criminal information that there is stakeholder support for the changes that the amendment regulations will make—particularly for how they will benefit care-experienced individuals, who are more likely than their peers to have experiences with the criminal justice system. Who Cares? Scotland said in its consultation response, which can be viewed on the citizen space website, that it welcomes the change, which is

“motivated by an understanding that those who commit crimes at a younger age are often trying to move on when coming into contact with PVG processes.”

I invite Ms Gallacher, on Mr Mundell’s behalf, not to move his motion to annul. If the motion is pressed, I ask members not to vote in favour of it.

Yes, I can also confirm that.

Lynne McMinn can give some information about the process of automatic listing.

Anyone who is mentally ill or who lacks capacity at the time of their conviction would also automatically be added to that list.

The regulations will amend the prescribed period that must pass before a person has the right to make an application. They will increase the age threshold for what is referred to in the principal regulations as the shorter prescribed period from under 18 to 25 and under . That means that an individual who is included in the barred list when they are aged between 18 and 25 will be able to apply to be removed after five, rather than 10, years have passed since the date of inclusion.

I make it absolutely clear that the amendment regulations will not lead to individuals being removed automatically from the barred list; they will simply amend the circumstances in which an application for removal will be competent. As I said in my opening remarks, the proposed changes are consistent with the approach that is taken in the rest of the United Kingdom to when individuals can ask for a review of the Disclosure and Barring Service’s decision.

Thank you for inviting me to say a few words on the draft regulations. The amendments are technical and are necessary to ensure that the Age of Criminal Responsibility (Scotland) Act 2019 can be applied as intended. The 2019 act raised the age of criminal responsibility in Scotland from eight to 12, and it established the role of the independent reviewer, who oversees the disclosure of convictions and other relevant information relating to when a person was under the age of 12. The purpose of the regulations is to amend the 2019 act.

The regulations are a consequence of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021. That order, which is currently being considered by the Westminster Parliament, makes provisions in relation to the independent reviewer that will apply in England, Wales and Northern Ireland. In particular, the order places a requirement on specified persons in those jurisdictions, such as chief police officers, to refer and provide information relating to an individual’s pre-12 behaviour to the independent reviewer.

The regulations therefore modify, in light of that order, the relevant functions of the independent reviewer in the 2019 act, in order to require the independent reviewer to review that information, invite representations, notify the outcome of the review and, where appropriate, advise on the right to appeal that decision.

The changes support the Scottish Government’s decision to raise the age of criminal responsibility from eight to 12 by ensuring that the independent reviewer can review relevant information that is received from specified persons in other parts of the United Kingdom, as well as in Scotland. Committee members will wish to note that the regulations do not take forward any new policy. They are required to fully implement the 2019 act.

I would be happy to take questions on the regulations.

That is certainly not something that I recognise. Local authorities and the Scottish Government have worked very closely on the matter, and we are certainly keen that any carers or parents who are keen to take up the offer are aware of it—that is important—and can make an informed choice about whether they access that offer. Obviously, it will not be suitable for or wanted by every family, but we need to make sure that people are aware of it, and we will continue to work hard to do that. If Mr Mundell has concerns about specific areas, I am keen for him to write to me so that we can try to address those with our COSLA and local authority colleagues.

We are keen to ensure that any child who is eligible for the ELC offer can take it up if appropriate, and we will continue to work hard to promote that through all channels and avenues that we can.

We have been working closely with the UK Government on data sharing so that local authorities can access the data to target families and provide them with information about the provision.

I would be happy to pass over to Joanna Mackenzie, who can update you more fully on the work that is being done, if that would be all right with you, convener.