Chamber and committees

That is interesting.

I want to ask about children in the criminal justice system. Having read through the evidence, I understand that the Scottish Courts and Tribunals Service has taken steps to improve the experience of children in court proceedings through the use of evidence suites and so on. However, we know that traditional court settings are not settings in which children’s rights can be upheld or where children can be heard. Do you agree with that statement? If so, how will the provisions in the bill ensure that those rights will be upheld in appropriate settings for every child, whether they are the victim or the accused?

I ask Kenny Donnelly to answer that one.

I can see that you are very passionate about this subject, Katy, and I thank you for outlining the very complex issues surrounding it. I note, too, from your written evidence that you were disappointed with the Scottish Government’s response.

Perhaps I can bring in Fiona Dyer and Megan Farr. We have touched on the issue of safeguarding, but is there anything further that you wish to add on the matter? In particular, we need views on safeguarding to ensure the welfare and protection of vulnerable children in the context of cross-border placements.

Existing regulations allow for cross-border placements in secure accommodation—we have heard evidence on that this morning. The Scottish Government has also committed to implementing the Promise, which has highlighted the concerns for children’s human rights as a result of being removed from their families and support mechanisms. In light of that, do the provisions in the bill go far enough to address those concerns?

Police Scotland points out in its evidence that it has a responsibility to children who harm and those who have been harmed. As we have alluded in earlier questions, that is a very difficult balance. From Police Scotland’s perspective, how is that balance currently achieved? How could it be enhanced?

My next question is for Claire Dobson. It is about the proposed changes to the definition of a child and what effect the relevant provisions in the bill will have on Police Scotland’s approach to dealing with children in custody. It also leads on from what Kenny Donnelly said.

What would your approach be to dealing with a child who is 13, for instance, compared with one who is 17? What would be the difference in your approach?

That is great. Can I bring in Fiona?

Is that an indication that there will always be exceptional circumstances to allow for that scenario?

How do you know that the measures that you are putting in are effective? Do you ask the witnesses?

Yes.