Chamber and committees

Convener, before I do that, am I permitted to ask the minister a question about the commitment that she made to discuss amendment 169?

That is much appreciated.

Minister, you indicated that you would be willing to discuss amendment 169 and look at what we could put in place. Can you give me a bit more information about the parameters in which that discussion would take place, so that I have an understanding of how far the Government is prepared to move on the issue?

I thank the minister for her response, although I am not sure that it gives me much reassurance about amendment 169. I take the point that the minister is willing to discuss it.

On the basis that I am an optimist and that I am willing to consider what the minister has said on the record, which I hope will mean that we will get an amendment at stage 3 that looks at including trauma-informed practice, as amendment 169 suggests, I am prepared to hold my position on that.

Will the member take an intervention?

On the basis of the minister’s commitment to work with us, I seek to withdraw amendment 185.

Amendment 185, by agreement, withdrawn.

Amendment 186 moved—[Pam Duncan-Glancy].

Forgive me, convener. I missed my colleague Willie Rennie’s amendment 182, which we will also support.

So, whose role would it be to make sure that the person is referred to those services?

I appreciate that this has been a lengthy discussion, but, particularly in relation to amendment 168, I do not see how taking into consideration a victim’s views on this point—which are taken into consideration only with regard to the discharge that is available to the panel—detracts from a welfare-based approach.

My amendments in this group seek to ensure that we foster a system that is able to understand and support the unique needs and vulnerabilities of young people.

Amendments 210 and 187 require training for criminal justice agencies and the children’s panel, respectively, on child development, children’s rights and domestic abuse. Training that promotes a better understanding of child development will equip professionals to interact with children in a manner that recognises their age, their circumstances and their specific needs; indeed, it is, I believe, a cornerstone of providing appropriate and sensitive care. Training on the UNCRC ensures that professionals in the system are better positioned to uphold the principles of fairness, equality and respect throughout legal proceedings, equipping and empowering them to create an environment in which children’s voices are heard and their rights prioritised.

In the context of domestic abuse, specialised training ensures that professionals can identify signs of trauma, address immediate safety concerns and adopt a child-centric approach that prioritises the wellbeing of the young person involved and seeks to avoid or minimise the risk of exposing them to the recurrence of past or further trauma. Amendment 169, in my name, dictates that children’s hearings must carry out their functions in a way that accords with trauma-informed practice. The Scottish Government has recognised the importance of trauma-informed practice in improving the experiences of victims and witnesses, and the standards of service to which criminal justice agencies are held include, of course, a commitment to such practice. Many of the children who come into contact with the children’s hearings system, regardless of the grounds on which they are referred, will have had adverse childhood experiences. Therefore, ensuring that the system carries out its functions in a way that accords with trauma-informed practice will, I believe, be beneficial to all those engaging with the system, including those who have been affected by a child’s offending behaviour.

Beyond training, a multi-agency approach to supporting children involved in criminal proceedings is also vital to comprehensively addressing the diverse needs of children in the system. Such an approach allows for a holistic understanding of the child’s circumstances, recognising that their wellbeing is linked to various areas of their life, and enables tailored interventions that go beyond legal proceedings by facilitating co-ordination and communication among different agencies. I believe that that will ultimately contribute to the child’s development and rehabilitation of the child. Amendment 211 recommends that the Government promote such an approach, and I also support amendment 188, in the name of Martin Whitfield, which calls for reporting each year on the steps that it is taking in that respect.

I urge colleagues to support my amendments on the basis that I have set out and, in so doing, to recognise the value of a multi-agency approach as well as the importance of training to criminal justice agencies and panels. That cannot be overstated, particularly when it comes to child development. A well-trained workforce is fundamental to creating a justice system that is responsive, empathetic and capable of safeguarding the rights of the child and their wellbeing, the rights of victims, and legal protections in all processes.

I move amendment 169.

You are quite right, convener—that is exactly what you did. Forgive me.

I will not press amendment 169 at this time, in the hope of making changes at stage 3, instead.

Amendment 169, by agreement, withdrawn.

Amendments 170 and 171 not moved.