Summary

  • MSPs take evidence on legislation that will lift the time bar preventing child abuse victims taking civil action against the individuals or institutions that abused them

  • The Scottish government delivers a ministerial statement on the National Review of Maternity and Neonatal Services

  • The Scottish government gives another ministerial statement on support for business and the economy

  • MSPs vote to set separate Scottish income tax rates and bands for the first time, as set by Finance Secretary Derek Mackay.

  • The member’s debate comes from Tory MSP Annie Wells who celebrates LGBT History Month Scotland 2017

  1. Survivors want change in law says David Whelanpublished at 10:20 Greenwich Mean Time 21 February 2017

    David Whelan

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says the survivors want this.

    Mr Whelan says he has been campaigning for it for 15 years for this and he is able to articulate it a bit more than other survivors.

    He says a change in the law is what survivors want.

  2. Victim Support Scotland submission to the committeepublished at 10:19 Greenwich Mean Time 21 February 2017

    Victim Support Scotland, external says it "agrees with the Scottish government that “the current law in relation to limitation...does not adequately reflect that it is the nature of the abuse that is a barrier to raising a claim within the required period.”

    It says: "There are numerous reasons why victims of child abuse are unable to pursue civil action against their abuser within the current limitation period of three years.

    "It can take many years for someone to realise that what has happened to them was in fact abuse, and it is common for abusers to use silencing tactics to ensure that the abuse is kept hidden. 

    Victim Support ScotlandImage source, Victim Support Scotland
    Image caption,

    Victim Support Scotland

    "A significant amount of time can also be required for a person to feel able to disclose their abuse due to feelings of shame or embarrassment, the trauma resulting from the abuse, and/or suppressed memories. 

    "Because abusers are often figures of authority in the victims‟ lives, they are regularly left with feelings of fear or mistrust towards authorities, which presents challenges in reporting the abuse or participating in court action.

    "Victim Support Scotland therefore warmly welcomes the Bill‟s proposal to remove cases relating to historical childhood abuse from the limitation regime set out in the 1973 Act."

    Read more here., external

  3. Victim Support Scotland says her organisation warmly supports and welcomes the Billpublished at 10:18 Greenwich Mean Time 21 February 2017

    Laura Baxter from Victim Support ScotlandImage source, bbc
    Image caption,

    Laura Baxter from Victim Support Scotland

    Laura Baxter from Victim Support Scotland says her organisation warmly supports and welcomes the Bill.

    Ms Baxter praises the courage of David Whelan and Harry Aitken for giving evidence

  4. Bill is welcome - Rape Crisis Scotlandpublished at 10:17 Greenwich Mean Time 21 February 2017

    Sandy Brindley

    Sandy Brindley from Rape Crisis Scotland says the nature of child abuse is that it can take people a long time to be able to speak.

    Ms Brindley says the bill is welcome and it is to be supported. 

  5. Committee convener praises the courage of the witnessespublished at 10:16 Greenwich Mean Time 21 February 2017

    Margaret MitchellImage source, bbc
    Image caption,

    Justice Committee convener Margaret Mitchell

    Harry Aitken says the legislation will have a dramatic impact on the thousands of survivors who suffered such horrific abuse.

    Mr Aitken says friends of his have suffered so badly they take their own lives. 

    Ms Mitchell says it takes a lot of courage to come into the public domain to give evidence.

  6. barriers put in path of survivors has been 'diabolical disgrace"published at 10:15 Greenwich Mean Time 21 February 2017

    Harry Aitken, former resident of Quarriers Homes, says so many barriers have been placed in the path of survivors and it has been a "diabolical disgrace". 

    Mr Aitken says as soon as legal aid was removed the people were abandoned and cases from 1973 to 2013 were refused discretion.

  7. Time bar is a 'brick wall'published at 10:12 Greenwich Mean Time 21 February 2017

    Harry Aitken from Former Boys and Girls Abused in Quarriers HomesImage source, bbc
    Image caption,

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes

    Graeme Garrett from the Association of Personal Injury Lawyers says for victims the time bar has "operated as a brick wall which they have come against".

    Mr Garrett says the bill is a very important step in giving victims a voice.

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes says this is the very first time he has spoken openly in front of the cameras.

    Mr Aitken says he is speaking openly due to the importance of the issue.

    He says he supports this bill.

  8. Former Boys and Girls Abused in Quarriers Homes submission to the committeepublished at 10:10 Greenwich Mean Time 21 February 2017

    Former Boys and Girls Abused in Quarriers Homes, external says "the law needs reforming as the current legislation has 'simply failed generations of abused children' as the current legislation has been narrowly defined and strictly interpreted by the Scottish Judiciary in the Civil legal system."

    The submission goes on to say: "This includes mumerous Quarriers cases being time-barred in the civil courts, despite the fact that there had previously been a conviction of an abuser in the Scottish Criminal Courts."

    Former Boys and Girls Abused in Quarriers HomesImage source, Former Boys and Girls Abused in Quarriers Homes
    Image caption,

    Former Boys and Girls Abused in Quarriers Homes

    "It is an absurd position that you have Quarriers child abuse cases proved in the Scottish Criminal Court only for these cases to be time-barred in the Scottish Civil Justice system. 

    "All barriers to equitable justice must be removed for childhood victims of abuse."   

    Read more of the submission here., external

  9. 'Justice needs to be delivered for the survivors'published at 10:09 Greenwich Mean Time 21 February 2017

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says the time-bar definition in the current legislation is too narrow.

    Mr Whelan says the defination needs to be widened.

    "Justice needs to be delivered for the survivors," he says. 

  10. 'I am a victim of abuse'published at 10:09 Greenwich Mean Time 21 February 2017

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers HomesImage source, bbc
    Image caption,

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes

    Committee convener Margaret Mitchell asks the witnesses for their views about the removal of the time bar.

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says: "I am a victim of abuse" and he says he faced a time bar in the civil courts, following his abuser facing a conviction.

    Mr Whelan says Quarriers and their lawyers have tried to usurp the process and used false memory experts.

    He says they have further damaged the victims by not addressing the original harm.

    Mr Whelan says the civil court justice process is "antiquated and Victorian".

  11. The Justice Committee beginspublished at 10:04 Greenwich Mean Time 21 February 2017

    Witnesses

    The Justice Committee will now take evidence on the Limitation (Childhood Abuse) (Scotland) Bill at Stage 1 from: 

    • Graeme Garrett from the Association of Personal Injury Lawyers
    • David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes
    • Harry Aitken former resident of Quarriers Homes
    • Sandy Brindley from Rape Crisis Scotland
    • Laura Baxter Victim Support Scotland
  12. Background: Limitation (Childhood Abuse) Billpublished at 09:55 Greenwich Mean Time 21 February 2017

    The Scottish government has had the Limitation (Childhood Abuse) Bill, external on the horizon for some time but it is now officially included in its programme for government this year.

    Once law, it will mean radical change over how claims for child sexual, physical or psychological abuse can be pursued through the civil courts.

    Currently there's a three year time limit for bringing a case but that is to be scrapped, with cases dating from 26 September 1964 to be allowed for consideration.

     It's estimated that around £1.5m was paid out by local authorities in Scotland over the past decade, a figure that will almost certainly rise given their responsibility for areas such as education and social work.  

  13. Background: NSPCC's child abuse helpline 'referrals on the rise'published at 09:48 Greenwich Mean Time 21 February 2017

    NSPCCImage source, NSPCC
    Image caption,

    NSPCC

    Calls to a helpline about suspected child abuse, which were referred to the authorities, have risen, according to a charity.

    The NSPCC in Scotland , externalsaid operators referred 1,722 calls to the police and social services in 2015-2016.

    Referred calls have risen by 58% in the past three years, up from 1,091 in 2012-2013.

    Concerns raised included worries about physical or sexual abuse, children living in poverty, and hungry toddlers.

    The charity said the rise in referrals showed the public was increasingly unwilling to turn a blind eye to potential abuse or neglect of children, following high-profile abuse scandals.

  14. Background: Scottish child abuse inquiry investigates top private schoolspublished at 09:46 Greenwich Mean Time 21 February 2017

    More than 60 institutions, including several top private schools, are being investigated by the Scottish child abuse inquiry, it has been confirmed.

    The new chairwoman of the inquiry, Lady Smith, said they were among 100 locations where abuse is alleged to have taken place.

    She said several boarding schools, including Fettes College and Gordonstoun, were being investigated.

    The inquiry will look in detail at historical abuse of children in care.

    Fettes College is one of the boarding schools being investigated by inquiry staff, the chairwoman confirmedImage source, Google
    Image caption,

    Fettes College is one of the boarding schools being investigated by inquiry staff, the chairwoman confirmed

    Lady Smith replaces the original chairwoman who resigned in July 2016. Susan O'Brien stood down complaining of government interference.

    Speaking at the start of the inquiry at the Court of Session building in Edinburgh, Lady Smith insisted the investigation would be fully independent.

    She confirmed that several boarding schools were being investigated by inquiry staff.

    Other institutions being investigated include those run by faith-based organisations and major care providers like Quarriers and Barnardo's.

    The first public hearings will begin on 31 May 2017 and the inquiry is expected to last four years.  

  15. What would change with the new child abuse law?published at 09:42 Greenwich Mean Time 21 February 2017

    person with head in handImage source, THINKSTOCK

    A bill which would lead to a significant change in the law for victims of historical child abuse is being drawn up by the Scottish government.

    It would scrap the three year limit for bringing civil claims for sexual, physical or mental abuse suffered as a child.

    And it means cases from as long ago as 1964 could eventually be heard in court.

    But what does this change mean for the victims of child abuse - as well as for some of the organisations which could soon have to defend themselves in court?

    Click here for our reporter David Allison's report.

  16. The Justice Committee begins shortly....published at 09:35 Greenwich Mean Time 21 February 2017

    The Justice Committee will take evidence on the Limitation (Childhood Abuse) (Scotland) Bill at Stage 1 from: 

    • Graeme Garrett from the Association of Personal Injury Lawyers
    • David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes
    • Sandy Brindley from Rape Crisis Scotland
    • Laura Baxter Victim Support Scotland

    and then from:

    • Alastair Ross from the Association of British Insurers
    • Graeme Watson who is a member of the Sub-Group on Historic Abuse with the Forum of Insurance Lawyers
  17. Postpublished at 09:35 Greenwich Mean Time 21 February 2017

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