Chamber and committees

The Scottish Government has consistently advocated a factor-based approach to extension of coverage of the Freedom of Information (Scotland) Act 2002, most recently in the consultation paper proposing further extension of coverage published earlier in 2015.

The Scottish Government recognises the value of such a register but considers that the Scottish Information Commissioner, as the regulator and promoter of the legislation, is best placed to take this forward.

Authorities are subject to the Freedom of Information (Scotland) Act 2002 ('the Act') either due to be listed in Schedule 1 of the Act, by being a 'publicly-owned company', or by designation by Scottish Ministers. There is no comprehensive list of authorities covered by the Act, which by its nature would be subject to constant change.

The Scottish Government has to date exercised its powers under section 5 of the Freedom of Information (Scotland) Act 2002 ('the Act') on one occasion. In April 2014 an order came into force bringing within scope of the Act arm's length organisations established by local authorities to provide leisure, cultural and sporting services. The order describes the 'class' of body rather than naming individual authorities.

Loss of information rights is one of the key factors that the Scottish Government will consider when examining a range of organisations delivering public services to consider whether or not they should be brought under the scope of the Freedom of Information (Scotland) Act 2002.

The information sought is not held centrally by the Crown Office and Procurator Fiscal Service and would require manual collation which would have a disproportionate cost to obtain.

An advisory group will start work in November 2015 to address the issues involved in raising the minimum age of criminal responsibility, and to provide recommendations for public consultation in early 2016.

The Scottish Government wishes to promote an age and stage appropriate approach to harmful behaviour by children. If there is to be a change to the minimum age of criminal responsibility, we will still need an effective and evidence-based response to that behaviour, to its causes and to its impacts on people harmed.

We wish to ensure that safe processes are in place to respond effectively to the concerns posed by the small number of the most serious cases such as where a child under 12 is involved in a serious sexual or serious violent behaviours.

Those processes both relate to action immediately after an incident to deal with the needs and deeds of the ‘offending’ child and the wider obligation to ensure appropriate levels of protection of the public.

Points (a) to (f) are interrelated and will be taken into account during the advisory group’s deliberations.

The specific issues to be considered include:

Police Scotland continuing to be able to thoroughly investigate allegations of all behaviour of that nature, to get to the truth of the matter, and to refer their concerns to the responsible agencies.

Police Scotland continuing to be able to retain the data imperative to their operational and intelligence requirements with a transparent, rights-compliant approach to the review and destruction of that material.

A review, retention and destruction mechanism for forensic samples that is sensitive to the age and other characteristics of the ‘offending’ child at the time of the incident and their progress through adolescence, as well as ensuring a focus on the police’s ability to prevent and detect future crime.

Where the behaviour is so serious and the ongoing risks remain so acute that it may need to be disclosed to prospective future employers when an ‘offending’ child becomes an adult, especially where an employment role concerns vulnerable groups, there needs to be a rational, rights and risk-led approach to the extent and purposes of future disclosure.

Victims currently receive information from the children’s reporter, through the Victim Information Service, about a child who has committed an offence against them. This information would not be available to victims should the child be referred on welfare grounds.

All of these issues will be considered in the context of the UN Convention on the Rights of the Child, with a balance to be struck between the rights of the ‘offending’ child and the rights of persons who have been, or who may yet be, harmed.

The membership of the advisory group and the scope of its work will ensure that all these key issues are covered.

The advisory group on age of criminal responsibility is scheduled to meet for the first time on 16 November 2015. Four meetings are due to be held between November and February 2016.

The group will comprise senior representatives from organisations with responsibility for children and their rights and how those interact with Scotland’s justice system. Members will include the Children and Young People Commissioner Scotland, Police Scotland, Scottish Children’s Reporter Administration, Crown Office and Procurator Fiscal Service, COSLA, Social Work Scotland, Disclosure Scotland and Victim Support Scotland. Together Scotland, the alliance for children’s rights, has also been invited alongside children’s charities and other representatives of agencies on the Youth Justice Improvement Board.

The group’s role will be to consider the policy, legislative and procedural implications of raising the minimum age of criminal responsibility from 8 to 12 and bring forward proposals for consultation in 2016. In particular, the group will seek to address issues around the disclosure of criminal records, the taking and retention of forensic samples, police investigatory powers, and sustaining victim and community confidence should there be a change.

The terms of reference and membership will be published following the first meeting.

The information requested is a matter for Police Scotland. I have alerted the Chief Constable to your question and I have asked him to write to you.

The Minister for Europe and International Development did not provide the Foreign Secretary or the minister with responsibility for Syrian refugees with an estimate of the current capacity in Scotland to receive refugees. However, he informed both ministers that there had been an overwhelmingly positive response from local authorities in Scotland.