Chamber and committees

Thank you, Presiding Officer. I welcome you to your new position.

I thank Monica Lennon for bringing forward the debate, and I welcome the opportunity to make some closing remarks. In common with other members we have heard from during the debate, I am deeply saddened that, in the past, women felt forced to give up their children for adoption due to the prevailing moral and social norms of the time. The lives of the women, children and wider families who have been affected by the issue have been profoundly changed by the experience, and I offer my sincere sympathies for what they have endured. I thank the women for their commitment, courage and determination to come forward and have their voices heard. I do not for one minute underestimate how harrowing it is for them to revisit their experiences. Sadly, I am sure that doing so will have added to their pain.

The issue is complex and was influenced by many facets of society at the time. Those of us who have heard first-hand accounts or read research will have been moved, if not shocked, by the often heartbreaking experiences, such as mothers being prevented from seeing their baby during birth and birth mothers feeling pressurised into giving up their child.

The accounts that have been shared today have reiterated the terrible harm and long-lasting impact. The practices might well be historical, but the effect that they have had on the women is very real today. Sadly, we know from the numerous accounts of birth mothers’ experiences that they suffered widespread social censure, condemnation, prejudice and stigma. Thankfully, those practices and morals have no place in our society today.

Two weeks ago, the First Minister agreed to look at the matter properly, fully and quickly, and I am equally committed to doing so. Having reached out to the Movement for an Adoption Apology, I am delighted that it has accepted my invitation to meet next week. I am actively working to establish future meetings with others who have been affected by the historical practices. No voice speaks louder on any issue than the voice of lived experience, and the opportunity to have discussions directly with women who have suffered the trauma of separation and its lifelong effects is of paramount importance to me.

As members will know, I am fairly new to my role as the Minister for Children and Young People. However, I understand that the Movement for an Adoption Apology has campaigned for many years on the issue and has called on the UK Government to issue an apology.

I am acutely aware that the group recently reported that the adoption apology that the Republic of Ireland Government made earlier this year has “not been well received” and has?been “described as ‘political waffle’”. That is why it is so important for me to have direct discussion with those who have lived experience of adoption under these circumstances. It is right that we look at the issue properly, and for me that means listening to the voices of women, children and wider families whose lives have been profoundly changed by the experience. By doing that, we can work in partnership on the next steps.

Secure care is one of the most intensive and restrictive forms of alternative care in Scotland. Depriving a child of their liberty in secure units, even when that is essential for their safety and welfare, has a profound effect on them and such decisions should always be legally justifiable, rights proofed and transparent. Following the examination of 119 cases of children who were placed in secure accommodation across 27 local authorities during 2018 and 2019, the commissioner’s report highlights significant procedural and notification issues for local authorities and chief social work officers.

The report also highlights good practice in some areas and points to encouraging remedial activities since the fieldwork took place. I am concerned, however, that every child’s statutory rights may not have been protected during that time, so I wrote to chief social work officers yesterday both to offer support and to seek reassurance that they have, if necessary, amended procedures to comply fully with all regulations. I am also looking to meet the Convention of Scottish Local Authorities at the earliest opportunity to discuss the matter further.

I understand from the report that, during the investigation, 17 local authorities had already taken steps to review their policy and practice, which is welcome. However, all local authorities must ensure that they have undertaken a similar process.

The report asks that the Scottish Government work with partners to consider whether the existing law is compatible with the United Nations Convention on the Rights of the Child and make any necessary amendments to strengthen legal protections of children’s rights. It is important that we get it right for every child, regardless of his or her circumstances. We will work closely with COSLA and other partners to ensure that robust scrutiny and accountability mechanisms are in place through individual organisations, multiagency partnerships and national inspection arrangements.

I am sure that the member is aware that it is for local authorities to ensure that they comply with the law and that chief social work officers fulfil their duties. The commissioner’s report highlights inconsistencies in the recording of the engagement with children and young people, but I did not detect concerns from it about the necessity or appropriateness of placement decisions. However, timely notifications and record keeping are important aspects of the process.

took the oath.