This is a Government bill
The Bill became an Act on 23 April 2021
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill as introduced sets up a scheme to make financial payments ("redress payments") to survivors of historical child abuse in care in Scotland. In some circumstances where the survivor has died, these can be paid to their partner or children. The Bill sets up a new independent public body, Redress Scotland, to make decisions about payments. The scheme replaces an interim scheme called the advance payment scheme.
The Bill allows organisations involved with residential care of children in the past to pay financial contributions to the scheme. In return, survivors who accept a redress payment will have to agree not to take legal action against these organisations or the Scottish Government.
The Bill also provides survivors of abuse with other practical and emotional support.
Many children in care in Scotland in the past were not treated with love or with respect. They were abused by those responsible for their care.
Survivors of historical abuse in care have campaigned for redress. They want, and deserve, to be listened to, heard and believed. Making redress payments is an important part of dealing with the wrongs of the past.
The Bill aims to provide practical recognition of the harm caused by historical child abuse in care in Scotland. The Bill aims to treat survivors with dignity and respect. It is part of facing up to the wrongs of the past with compassion.
As well as the Bill, other actions are being taken to support survivors of historical child abuse. These include apologies and other forms of support.
Organisations which were responsible for the care of children at the time of the abuse are being asked to contribute to the scheme. This is what survivors have said that they want. It also allows those organisations to help deal with the wrongs of the past.
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill as introduced (724KB, pdf) posted 13 August 2020
Explanatory Notes (268KB, pdf) posted 13 August 2020
Policy Memorandum (603KB, pdf) posted 13 August 2020
Financial Memorandum (481KB, pdf) posted 13 August 2020
Delegated Powers Memorandum (299KB, pdf) posted 14 August 2020
Statements on legislative competence (97KB, pdf) posted 14 August 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill SPICe briefing
The Bill was introduced on 13 August 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Education and Skills Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 2 October 2020.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 17 December 2020 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 17 December 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting on 10 February 2021:
First Marshalled List of Amendments for Stage 2 (215KB, pdf) posted 05 February 2021
First Groupings of Amendments for Stage 2 (202KB, pdf) posted 05 February 2021
Documents with the amendments considered at the meeting on 17 February 2021:
Second Marshalled List of Amendments for Stage 2 (306KB, pdf) posted 12 February 2021
Second Groupings of Amendments for Stage 2 (300KB, pdf) posted 12 February 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Financial Memorandum (487KB, pdf) posted 01 March 2021
Supplementary Delegated Powers Memorandum (151KB, pdf) posted 03 March 2021
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 17 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments to be considered at the meeting on 11 March 2021:
Marshalled List of Amendments for Stage 3 (238KB, pdf) posted 05 March 2021
Timed Groupings of Amendments for Stage 3 (217KB, pdf) posted 05 March 2021
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 118 for, 0 against, 0 abstained, 11 did not vote Vote Passed
See further details of the motion
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill printing changes after Bill as passed (125KB, pdf) posted 04 May 2021
The Bill ended Stage 3 on 11 March 2021
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
This Bill was passed on 11 March 2021 and became an Act on 23 April 2021.
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021