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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 April 2026
  7. Session 6: 13 May 2021 to 8 April 2026
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Displaying 528 contributions

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Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

I think that we have already answered the question around the timescale as best we can. It would be wrong of me to sit here and try to give a definitive timescale at this point. That would not be fair to the many women to whom you have just referred. You mentioned that 64,000 cases have been reported to Police Scotland, and I would not want to let those women down by giving a specific date, here and now, when I am not well informed enough to do so.

Jeff Gibbons spoke about the urgency with which we are trying to take forward the work now—early next year—to work out how we can implement the act as quickly as possible. That is an earnest and sincere commitment.

The first part of your first question was about what I would say to women who have been expecting the legislation to be implemented soon. I would say that I am sorry that it has not been implemented yet. Ideally, it should have been, but we are where we are now. The task for us is to try to ensure that it is put into statutory effect as quickly as possible, and that is our commitment.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

Jeff can respond to that.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

The Law Society has flagged that as a concern of the Law Commission. As you would expect, and as would be my expectation and the expectation of any minister who had a direct responsibility for the area, we will pick that up directly. If there are things that we need to do as a consequence, we will get on with it and do them.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

One thing to flag from that is that such consultations can lead to recommendations from the Law Commission for specific legislation. There is an arrangement with the Delegated Powers and Law Reform Committee that at least one bill proposal that arises out of a Scottish Law Commission consultation will be referred to the committee per parliamentary year. Although we cannot say definitively that that will happen in this instance, there is that possibility.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

The point that I was making is that the national health service will be a fundamentally important part of the effective implementation of the legislation. There will be a point at which women and girls present with what could be an area of concern, and the national health service will of course be involved there. I am happy to bring in Nel Whiting to speak to that in further detail.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

I think that I responded to that. There has been a result, which is that there are acts of the Parliament, and the consultation that took place in advance of the bills being laid before the Parliament informed the legislation. I thank those who took part in the consultation processes, as their efforts informed our consideration.

On one of the three acts that we are discussing today, the Children (Scotland) Act 2020, a substantial amount has already been enacted and put into effect. The consultation was an important part of the process. I make the point again that that work has not been wasted. It has informed the legislation and our on-going engagement with the stakeholders will continue to inform how we take forward the work as we seek to implement the act.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

To respond to that point, I am not directly involved in the sense of having policy responsibility in that area. However, as I have been invited to the committee, I will pay particular attention to the implementation of the act.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

What do you mean, “It just so happens”?

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

The Scottish Government is not responsible for taking forward prosecutions. That would ultimately be a question for the Crown Office and Procurator Fiscal Service; it is not one that the Scottish Government can answer. The Scottish Government does not take forward prosecutions.

Equalities, Human Rights and Civil Justice Committee

Post-legislative Scrutiny

Meeting date: 10 December 2024

Jamie Hepburn

I will happily speak to that and bring in Simon Stockwell as is felt necessary.

Some of the challenge around delay relates to the points that I have already made. The Children (Scotland) Act 2020 is wide ranging and covers a range of complex implementation activity for regulating the child contact services sector, establishing a new register of child welfare reporters, setting up a pilot of information meetings and alternative dispute resolution, setting up funding for that, and ensuring that child advocacy services are available in contact and residence cases. There is a lot of complexity in there, which partly explains why there has been a delay.

However, a lot of the act has been implemented. Yes, there are delays to elements of it, but if you look across its various provisions, you can see that many elements are already in place. Some have been in place since 17 January 2021—namely, sections 15, 23 and 24. Others—sections 13, 14, 25 and 26—have been in place since 26 July 2021. Still others have been in place since October 2021. There are delays and challenges to some aspects of the act, but a lot of it has been implemented.