The 2016 act came about as a result of Professor Miller coming to talk to the cross-party group on adult survivors of childhood sexual abuse. He explained that other countries had apologies legislation and that such a move could be very welcome and very valuable in giving survivors closure by acknowledging that abuse had happened and, crucially, by looking, perhaps, to ensure that the same thing did not happen to others. That is the act’s raison d’être.
During the passage of the Apologies (Scotland) Bill, it became clear that the Government was seeking to introduce a duty of candour for health professionals, under which it would be expected that the professionals concerned would apologise and that that apology would be admissible in civil proceedings. However, again during the passage of the bill, it became obvious that the duty of candour provisions and the provisions in the bill could not co-exist. On that basis, health professionals were exempted, and it is taken as read that eight of the bodies listed in our papers relate to health professions.
As the minister has said, the Limitation (Childhood Abuse) (Scotland) Bill removes a barrier—a time barrier—for survivors. It has also been recognised that a lot of people will not and have no wish to go down the legal route; all they want is to get an acknowledgement and an expression of regret and, if possible, to make sure that the same thing does not happen to anyone else. That is what the 2016 act does. I again refer the minister to the submission from Former Boys and Girls Abused in Quarriers Homes, which goes so far as to say,
“It would appear to the Survivor Community that the Scottish Government had broken an agreed commitment-promise to implement ... the elements of the Interaction plan.”
Again and again, the 2016 act is seen as an effective alternative for these people.
I reiterate to the minister that with regard to the GTC and the SSSC the Government is not only going back on what it previously said about excepting only health professionals because of the duty of candour, but is again discriminating against survivors by creating two classes in this respect. In the first, an apology can be given, but in the second—and this relates to the GTC and the SSSC—it cannot. Stewart Stevenson might agree with the minister and say that he is comforted that institutions and schools can give an apology, but the fact is that bricks and mortar cannot. A person gives an apology, and under the provisions in the SSI, the minister is deterring people from coming forward with that apology because they might possibly be deemed as having a duty of care that they had not exercised. If there is any possibility that such a move will be to their detriment—which is what section 1 of the 2016 act is all about—they will not come forward with that apology. I also point out that the definition of an apology in section 3 of the 2016 act in no way mentions fact or talks about fault; in other words, any apology under that definition is not an admission of fault.
If no one else wishes to speak, I now invite the minister to wind up.