Subordinate Legislation
Public Services Reform (Scotland) Act 2010 Modification Order 2013 [Draft]
Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013 [Draft]
Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 [Draft]
Under agenda item 3, we will take evidence on three related affirmative instruments. This is an opportunity for members to ask any technical questions or seek clarification on the instruments. The committee will then be invited under agenda items 4, 5 and 6 to consider separately the motions to approve the instruments.
I welcome to the committee Aileen Campbell, the Minister for Children and Young People, and from the Scottish Government: Kit Wyeth, head of the children’s hearings team; Iain Fitheridge, policy manager in the children’s hearings team; Gordon McNicoll, divisional solicitor and deputy director of the communities and education division; and Kate Walker, principal legal officer in the communities and education team. I see that the titles have not got any shorter since I was a minister.
I invite the minister to make a brief opening statement on all the instruments.
Aileen Campbell (Minister for Children and Young People)
Thank you for the opportunity to introduce the three sets of subordinate legislation before us today.
I will start with the largest of the sets of legislation—the draft Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013. In summary, the rules set out the detailed procedures and timescales that are to be followed in the day-to-day management of children’s hearings. The rules replace the existing Children’s Hearings (Scotland) Rules 1996, which will be repealed on 24 June when the provisions of the Children’s Hearings (Scotland) Act 2011 take effect.
Unlike the 1996 rules, the new rules set out clearly the steps for each type of children’s hearing—for example, grounds hearings and hearings to review existing orders—in a user-friendly manner, which has resulted in the more detailed and therefore larger set of rules compared with the 1996 rules that is before you.
The draft Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013 will ensure that all those who need it have the right to participate in the children’s hearings system. It widens the category of persons who can seek a review of a contact direction under section 126 of the 2011 act. It also amends the definition of “relevant person” to include all parents, as long as they have not had their parental rights and responsibilities removed.
The draft Public Services Reform (Scotland) Act 2010 Modification Order 2013 removes references to children’s panels and children’s panel advisory committees from the list of public bodies in schedule 5 to the 2010 act and adds Children’s Hearings Scotland to it.
Thank you again for allowing me to introduce the instruments. I am happy to take any questions.
I do not have issues with the draft instruments, but what criteria were used in assessing the children’s hearings system? What measurements of the children’s hearings system in its current form have you used to build and set out your policy objectives?
You want me to talk about the road testing and some of the other things that we have done.
Yes.
There has been an extensive amount of work, and the three instruments have been road tested to ensure that they will work in practice.
Three different meetings, I think, were held during autumn last year, which were run by children’s hearings training officers and led by the key people who drafted the 2013 rules. Other partners, such as reporters and Children’s Hearings Scotland, were involved. A number of panel members from across the country were invited to participate in the events and test the draft legislation in order to flush out some of the issues that might have arisen. Changes were made to reflect the feedback and hone the legislation. The feedback was generally positive, although we had to change a few things. Nonetheless, we went through a good process to ensure that the orders would work correctly.
Although the feedback was largely positive, what concerns were raised with the Scottish Government?
People wanted to ensure that proper guidance was available on the right balance of information to be disclosed to the relevant people; that notification, the issue of papers and procedures and timescales were workable; and that the procedures for a child or relevant person who has a right to legal aid were clear. Those were some of the things that we got back from the road testing, which allowed us to ensure that we got things absolutely right.
Having received a briefing on the instruments, we must consider formally—and separately—the motions to approve them.
Agenda item 4 is on motion S4M-06538 on the draft Public Services Reform (Scotland) Act 2010 Modification Order 2013.
Motion moved,
That the Education and Culture Committee recommends that the Public Services Reform (Scotland) Act 2010 Modification Order 2013 [draft] be approved.—[Aileen Campbell.]
No members have any comments. I presume that the minister will not have to wind up in that case.
No. You have had a long session.
Motion agreed to.
Agenda item 5 is on motion S4M-06536 on the draft Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013.
Motion moved,
That the Education and Culture Committee recommends that the Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013 [draft] be approved.—[Aileen Campbell.]
Motion agreed to.
Agenda item 6 is on motion S4M-06537 on the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013.
Motion moved,
That the Education and Culture Committee recommends that the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 [draft] be approved.—[Aileen Campbell.]
Motion agreed to.
The motions are agreed and the committee’s report to Parliament on the instruments will confirm the outcome of the debate. I thank the minister and her officials for attending the session.
Meeting closed at 12:44.