Chamber and committees

Government analysis concluded that the Bill could not extend compulsory measures beyond 18 using the children’s hearings system. This would fundamentally change the child welfare-based system, and require an entirely new framework. The tests needed to justify compulsion beyond childhood would require to be restated to accommodate the rights of evolving young adults, with limited suitable options for dealing with non-compliance. Such an approach could also cause capacity issues, including for the volunteer panel members, who would be making decisions in relation to young adults as opposed to children.

The Bill also includes powers to enable those who are remanded or sentenced under 18 to detention in secure accommodation, to remain in secure accommodation until a maximum age of 19. This is to prevent young people – where their sentence is due to end shortly after their turning 18 – being automatically conveyed to serve a short outstanding part of that sentence in a Young Offenders’ Institution. This is therefore directed at minimising placement moves and avoiding unnecessary risks, disruption or trauma. This is in line with UNCRC.

The definition of a Compulsory Supervision Order (CSO) is set out in section 83 of the Children’s Hearings (Scotland) Act 2011 and, as set out below, specifies the measures which can be included in a CSO.

A children's hearing can make a CSO if the hearing considers that it is necessary for the child’s protection, guidance, treatment or control.

A CSO must then be implemented by the relevant local authority to ensure that the child is adequately supported in accordance with the CSO.

Every CSO will as a minimum contain a standard measure that the local authority supervises the child, and will specify the period of time that the order has effect.

Children’s hearings can, where appropriate, make their intentions for supervision more specific by adding further specific measures to a CSO:

• A requirement that the child reside in a specific place.
• A direction to restrict the child's liberty whilst residing in a specific place.
• A prohibition on the disclosure of the address of the child where the child is required to reside in a specified place.
• A movement restriction condition.
• A secure accommodation authorisation.
• A requirement for specified medical or other examination for the child- only with the child's consent.
• A requirement for specified medical or other treatment for the child-only with the child's consent.

Children’s Hearings Scotland (‘CHS’) are preparing to extend the benefits of accessing children’s hearings to all Scotland’s 16 and 17 year olds who need it. It is the statutory responsibility of the National Convener at CHS to appoint children’s panel members. There is a consistent record dating back over 5 decades of sufficient prospective volunteers coming forward from Scotland’s communities to serve as children’s panel members. While volunteer positions across all sectors are more difficult to fill post-pandemic, Ministers are confident that the National Convener and CHS have the resources, skills and knowledge to fulfil their statutory duties. Officials remain in close contact with the National Convener and his team to determine if further interventions are required to maintain children’s panel capacity and resilience, both in the short-term and in the months to come. A range of escalating interventions have been prepared by CHS to improve panel intake and reinforce retention rates - those will be implemented as required.

Each child is considered in respect of their individual needs and risks when they are referred to the Principal Reporter, or where a children’s hearing is to be convened. The Scottish Government is not aware of evidence of inappropriate or unequal treatment between care-experienced children and those who do not have care experience or are coming to the system’s attention for the first time.

This information requested is not held centrally by the Scottish Government. The member may wish to contact British Transport Police who might be able to provide this information.

I have commissioned an external research exercise to consider how best to progress the commitment to reduce class contact time by 90 minutes per week. Any reduction in class contact time will, additionally, require the agreement of the Scottish Negotiating Committee for Teachers.

The research exercise will inform decisions on education workforce planning for future years, bringing together a range of factors, including current teacher numbers and pupil teacher ratios. The research is due to report by the end of December.

Today, the Scottish Government has published a position paper, "Taking a Feminist Approach to International Relations”. To date, the Scottish Government has been engaged in a period of evidence gathering, listening and learning from others. This has included the publication of an independent evidence report in June 2023 and today’s publication forms the first part of an ongoing response.

This position paper commits us to a set of principles which will help us guide our work and identify the focus and parameters of the policy, with an initial focus on the four priority areas of international development, trade, climate justice and peace and security. We recognise the development of Scotland’s feminist approach as an ongoing process. In line with our commitment to international knowledge exchange and policy partnerships, we are committed to continuous dialogue with stakeholders. We are clear that our work must be evidence-based and that a ‘one size fits all’ approach will fail to deliver for us all. The Scottish Government is determined to be a good global citizen and a feminist approach will support us to make a constructive contribution to addressing global challenges and achieving fairer outcomes.

The report will be available at: https://www.gov.scot/isbn/9781835215982

While the management of Scottish waters is an area of devolved competency, the Scottish Government continues to work with the UK Government and other devolved administrations through the delivery of the Marine Wildlife Bycatch Mitigation Initiative (BMI) which is a joint plan for tackling bycatch across the UK to minimise, and where possible eliminate, bycatch of sensitive marine species. This includes an objective to improve our understanding of bycatch through monitoring, which we continue to do through our observer programmes.

Sustainability, support for biodiversity, and consideration of the wider ecosystem is at the heart of how we manage Scotland’s fisheries and protect our marine environment. For this reason, actions contained within both Scotland Fisheries Management Strategy and in the Blue Economy Vision for Scotland, sets out our ambition for the sustainable management and shared stewardship of Scotland’s seas and coasts.

The Future Catching Policy will take concrete action to support fishers to avoid bycatch of fish and other sensitive marine species – the aim is to reduce waste and increase the sustainability of the Scottish fishing fleet. As a first priority, we will take firm measures to increase selectivity by introducing additional technical measures were required to reduce unwanted catch, working with stakeholders to explore and deliver solutions.

There is an estimated 908 MW of community and locally owned renewable energy capacity operational in Scotland, as of the most recent annual update in December 2022. This represents 45% of our target of 2 GW capacity of community and locally owned renewable energy by 2030.

In the Onshore Wind Sector Deal, the Scottish Government and onshore wind sector have jointly committed to develop approaches to support and encourage community shared ownership models, and will publish a framework on this by the end of 2024.

Nature Scot are in regular communication with project partners Palladium, Lombard Odier and Hampden & Co who all remain actively involved in and committed to the pilot.