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Displaying 528 contributions
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
That remains the case. Covid-19 has had a substantial impact on the progression of a range of governmental activity, because people were required, as I think everyone would understand, to divert their attention to the immediate response to the pandemic. In that regard, there is a degree to which the Government has to play catch-up. There are capacity issues within the team delivering the implementation of the act. Nonetheless, work continues in that regard.
Clearly, we want to avoid any delay. The task at hand is to ensure that we take forward the provisions of the act. Resources have been mapped out for the implementation of the act and we hope to be able to fully implement it by spring 2026, but that will obviously require a lot of activity between now and then.
I do not know whether Nel has anything to add in that regard.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
The—
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
First of all, let me be clear: I do not think that the term “Oh well” came out of my mouth at any stage, Ms White. When I said that I am not involved, what I meant is that I am not involved in direct implementation because I am the Minister for Parliamentary Business. I do not have policy responsibility for that area—that is not in any way, shape or form to say that the area is unimportant. Given the level of detail with which Nel Whiting laid out the actions that have been taken to try to implement the act, it is unfair to suggest that nothing has happened at all.
The point was well made about the challenges that have been faced across Government, not just for this specific piece of important legislation but for a range of legislation—although I would observe that I do not think that delays are a systemic part of our approach to legislation. However, there are—and have been—challenges as a consequence of some of the bigger challenges that we have faced as a society.
The point was made that we have seen the 50 per cent uplift in cases reported through NHS Lothian partly as a consequence of some of the awareness-raising activities that we have undertaken. The existing resource in NHS Lothian was rediverted during Covid-19, and it is only as a consequence of having gone through that period that we have been able to refocus the activity. That speaks to the fundamental point that there is not only a challenge for the Government; there are also challenges for all of the stakeholders and all of the partners that are involved in the implementation of the FGM act—and of the other two acts that we are discussing today—because they have had to divert activity similarly.
However, in answer to your fundamental question: yes, I can understand why the women and girls out there who are relying on us to implement the act would be disappointed. I am disappointed, too. If you were to ask me, “Is it good enough? Is it acceptable that we face this delay?”, I would say that, in essence, no, it is not; but we are where we are. I am determined to make sure that we implement the FGM act as quickly as possible.
You mentioned the election. The election happens to be in 2026; that has absolutely nothing to do with the timescale in which we are seeking to implement the act.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
On the first element of your question, I have already made the point about the activity that we plan to take forward, when we will make four more sets of regulations in the new year. For example, we will use secondary legislation to put the Care Inspectorate in place as the independent regulator of child contact services. That work is on-going, and I plan to make the SSIs to enable that in 2025.
The second point was on what we might be able to do just now around child welfare reporters. I am not saying that we do not want to fully implement the Children (Scotland) Act 2020, but there might be things that we could do now, short of fully implementing it. We are actively considering that in advance of implementing the new register.
There is a working group on child welfare reporters, which contains a range of stakeholders, and it met for the first time on 20 November. It was chaired by Siobhian Brown as Minister for Victims and Community Safety. The working group has a remit to look back at how changes from the previous working group are working in practice and to look ahead at what is needed for any new register.
In relation to your fundamental point and your question on how any improvements could be made now, I am given to understand that there are concerns around training, so the working group could look into that. In fact, I think that the group is going to consider that at its next meeting.
We are here to talk about the implementation of legislation, and that remains important. However, where there are things that we can do in the immediate here and now, we should seek to do that and we should try to take things forward.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
But you are going to.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
I will perhaps bring in Simon Stockwell to see whether he can provide any more detail around timescales. Clearly, dialogue will be necessary to ensure that the regulations are fully informed and appropriate and will achieve their specific purpose. From my perspective, that should be done as soon as possible, but with the caveat that the regulations have to be effective.
Simon, do you have any more information on timescales?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
Again, as part of our commitment to keeping the committee regularly informed, we will ensure that we take a note of that and make it part of our work.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
First, we are talking about three specific pieces of legislation on which people have communicated with the committee. They are understandably concerned, and it is incumbent on us to respond to those concerns. However, I do not think that there is a general issue or trend across the piece of non-implementation of legislation. If you look across the statute book, you will see that, in most areas where Parliament has decided to pass an act, we get on with the legislation and implement it, but sometimes we find that there are challenges.
We are talking about three acts. I have already made the point that a substantial amount of the Children (Scotland) Act 2020 has been put into effect. Going back to the point that I have just made, we have gone through that process. We have made sure that a substantial number of the provisions are in place. I have referred to—Simon Stockwell picked up on this, too—our plans to implement more of the legislation through statutory instruments that we will introduce next year. Of course, we understand the concerns that have been expressed by stakeholders, and it is incumbent on us to respond to them in so far as they relate to the specifics of the act.
We also need to respond to the overall concerns, which we can do in other ways. With regard to the Domestic Abuse (Protection) (Scotland) Act 2021 and the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020, an awful lot of work goes on through our equally safe strategy, which is backed by a significant amount of resource from the Scottish Government. In that respect, £19 million of annual funding has been provided to 100 organisations to support 119 projects. So, yes, we must respond to concerns about the implementation of those acts but, equally, we also have to get on with dealing with some of the fundamental challenges that those acts are designed to deal with, in advance of their implementation.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
I recognise that there will be disappointment—I am disappointed, too, that the act is not yet fully in place. I would refer back to my earlier answers on the general challenges that we face; nonetheless, this is a very important area, and the very stark figures that Ms Gosal has provided speak to the absolute necessity for us to try to ensure that the provisions are in place as soon as possible.
There is on-going engagement with various justice partners on the challenges of the current legislation and the changes that might be required to make the act operational. Various pieces of work are under way on how we better obtain the views of children involved in cases; Ms Gosal has indicated some of the figures involved, in so far as they have been reported, but we need clarity on the estimated number of cases and, in turn, on how we would cost and implement the scheme and on the timescales required to process and implement domestic abuse protection notices and orders, which justice partners have suggested could be a challenge.
Those are the issues that we need to work through. That work is happening, or will happen, as quickly as possible, and we would then seek to put in place part 1 as quickly as possible thereafter.
I will hand over to Jeff Gibbons to see if he can say any more on the activity that is under way and the timescales that are involved.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 10 December 2024
Jamie Hepburn
I will need to invite Nel Whiting to respond to that. I am not directly involved in that work.