Chamber and committees

The £463 million Digital Scotland Superfast Broadband (DSSB) programme delivered over 101,300 fibre connections in the West Scotland region with over 96,600 of those capable of delivering speeds of 24 Megabits per second (Mbps) and above. The Reaching 100% (R100) programme will build upon this work by ensuring all homes and businesses can access superfast broadband – including those in the constituencies of Clydebank and Milngavie, Cunninghame North, Cunninghame South, Dumbarton, Eastwood, Greenock and Inverclyde, Paisley, Renfrewshire North and West, Renfrewshire South, and Strathkelvin and Bearsden. The £600 million R100 contracts will deliver a substantial number of fibre-to-the-premises (FTTP) connections, and the R100 Scottish Broadband Voucher Scheme (SBVS) will also ensure that anyone who wants a superfast connection of 30Mbps and above by the end of 2021 can have one.

The £463 million Digital Scotland Superfast Broadband (DSSB) programme delivered over 951,500 fibre connections across Scotland with over 841,600 of those capable of delivering superfast speeds of 30 Megabits per second (Mbps), the vast majority of which were in rural areas. The Reaching 100% (R100) programme will build upon this by delivering universal access to superfast broadband, regardless of remoteness or rurality. However, the contracts we have signed with BT for all three lots (North, Central and South) – alongside greater than anticipated commercial build – will also go significantly beyond our superfast commitment by delivering a substantial amount of full-fibre connections, meaning many premises will be capable of accessing download speeds of up to 1 Gigabit (1,000 Megabits) per second.

As noted in the Programme for Government, we intend to consult shortly on proposed reforms to the law relating to bail and release from custody. Public protection and victims’ safety are at the heart of our proposals for reform, which focus on reduce reoffending and associated victimisation.

In relation to bail, we will be consulting on proposals to refocus how remand is used, especially for those who pose little or no risk to public safety. With regards to release from custody, we intend to consult on reforms to support release arrangements, with a focus on enabling reintegration into the community.

The responses to this consultation will inform a year 1 bill.

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

A solution was identified with the provider in relation to illicit SIM cards being used in prison issued mobile phones and it is currently being implemented across the prison estate. This solution enables the SPS to blacklist handsets on various network providers rendering the handsets unusable with a non-prison issued SIM. The security measures in place will continue to be monitored by the SPS.

The Covid-19 pandemic has impacted our criminal justice system, and others throughout the world, in ways never seen before. Our priority was, and remains, to ensure that our system can operate as effectively as possible for everyone involved in it: victims, witnesses, accused and offenders, and for society as a whole

We have committed an additional £50 million to increase capacity across the justice system as we tackle backlogs built up while public health restrictions are in place. This includes recruitment of additional staff, greater use of digital tools and improved support for victims and witnesses. We continue to work with partners, including victims organisations, the Scottish courts and prosecution services, and the legal profession to identify the best way to deal with the backlog.

We have also taken action to ensure victims have been able to quickly access practical, emotional and financial support. This includes providing an additional £10.75 million since the start of the pandemic to frontline domestic abuse and rape crisis services and awarding £157,000 through the Victim Surcharge Fund to meet the immediate financial needs of the most vulnerable victims.

Furthermore, as part of the early release of a limited number of short-term prisoners in response to the pandemic, we ensured public protection was paramount through a ‘triple lock’ set of restrictions. These included the exclusion from the process of those in prison for the most serious crimes, including sexual offences.

We remain committed to delivering solutions which keep victims at the centre of our decision making, whilst balancing the rights of the accused to ensure a fair justice system for all.

We remain committed to delivering the work of the Victims Taskforce, which is anticipated to reconvene before the end of 2021.

It will be a matter for professional judgement for practitioners as to whether the behaviour carried out by the child has caused or is likely to cause “significant harm or abuse” requiring the intervention of a Bairns’ Hoose. It is recognised that children exhibiting or carrying out harmful behaviour are often themselves victims of significant harm and abuse. It is with this in mind that a Bairns’ Hoose is considered the most holistic form of intervention and support for the child to ascertain the circumstances of the harm, whilst at the same time offering therapeutic support to a child who may themselves have been harmed.

There is no legal definition of significant harm or distinction between harm and significant harm. The extent to which harm is significant will relate to the severity or anticipated severity of impact upon a child’s health and development. ‘Harm’ in this context refers to the ill treatment or the impairment of the health or development of the child, including, for example, impairment suffered as a result of seeing or hearing the ill treatment of another. ‘Development’ can mean physical, intellectual, emotional, social or behavioural development. ‘Health’ can mean physical or mental health.

Forming a view on the significance of harm and whether or not a child is suitable for a Bairns’ Hoose will be undertaken by an Inter-agency Referral Discussion (IRD). An IRD is a formal process of information sharing, assessment, analysis and decision making following a reported concern about abuse. Placing this decision making forum ahead of any child attending a Bairns’ Hoose is necessary to ensure multi agency professional judgement and decision making informs all decisions relating to investigating harm and subsequent interventions, including whether accessing a Bairns’ Hoose is in the best interests of the child.

Section 41 of the Criminal Procedure (Scotland) Act 1995 sets out the age of criminal responsibility in Scotland. After section 1 of the Age of Criminal Responsibility (Scotland) Act 2019 has been commenced, children under 12 whose behaviour has caused significant harm to others will be eligible for support provided by the Bairns’ Hoose.

The Scottish Government recognises that children whose behaviour has caused harm will also often be the victims of abuse or neglect. The Bairns’ Hoose will be an environment in which this context can be understood and positive interventions can be made to prevent further harmful behaviour.

A key consideration in the development of Bairns’ Hooses which will be taken into account in the development of the policy will be balancing the rights of victims and those of children whose behaviour has caused harm. We recognise the potential tension between the rights of victims and those of children whose behaviour has caused harm and, as such, addressing issues that may arise due to competing interests will be a fundamental consideration as we develop our plans for a national Bairns’ Hoose model.

Our approach is rights-based in line with the United Convention on the Rights of the Child (UNCRC), The Promise and Getting it Right for Every Child (GIRFEC) in recognising that all children must receive the right help at the right time.

The Scottish Government will undertake a comprehensive awareness raising campaign which will run across a range of channels including TV, Radio and digital to ensure people are aware of the new legislation and encourage compliance. This will include material to support third sector stakeholders and messaging on the importance of using reputable tradespeople including signposting to local government Trading Standards.

The Strategic Framework within Scotland’s Scams Prevention, Awareness and Enforcement Strategy, published in 19 March 2021, focusses on prevention, disruption, awareness, education and enforcement. This is intended to help all consumers with practical steps they can take to recognise common scam tactics and avoid the risk posed by this criminal activity.

Further advice can be obtained from consumeradvice.scot which is a free consumer helpline funded by the Scottish Government.