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. 'Women reported over 90% satisfaction with the care they received'published at 14:07 Greenwich Mean Time 21 February 2017

    Public Health Minister Aileen Campbell says: "In our Maternity Care experience survey women reported over 90% satisfaction with the care they received. 

    Public Health Minister Aileen Campbell

    "We also  continue to  reduce rates of maternal mortality, stillbirth and neonatal mortality in Scotland to record low levels."

    The minister says in 2015, 76 more babies lives were saved due to the high quality care provided by staff in neonatal units across Scotland.

  2. Background: The Best Start: A Five-Year Forward Plan for Maternity and Neonatal Care in Scotlandpublished at 14:07 Greenwich Mean Time 21 February 2017

    Scottish governmentImage source, Scottish government

    The Best Start: A Five-Year Forward Plan for Maternity and Neonatal Care in Scotland, external.

    The Review of Maternity and Neonatal Services in Scotland was announced on 25 February 2015. 

    Its aim was to ensure that every mother and baby continued to get the best possible care from Scotland’s health service, giving all children the best start in life. 

    The Review examined choice, quality and safety of maternity and neonatal services, in consultation with the workforce, NHS Boards and service users. 

  3. Ministerial Statement: National Review of Maternity and Neonatal Servicespublished at 14:00 Greenwich Mean Time 21 February 2017

    babies tootsiesImage source, Photodisc

    Public Health Minister Aileen Campbell will now give a statement on the National Review of Maternity and Neonatal Services.

  4. Time for Reflectionpublished at 14:00 Greenwich Mean Time 21 February 2017

    The Right Reverend Dr Russell Barr

    The Right Reverend Dr Russell Barr, Moderator of the General Assembly of the Church of Scotland, gives today's time for reflection.

  5. Coming up this afternoon in the chamberpublished at 12:51 Greenwich Mean Time 21 February 2017

    Business rates and income tax dominate a historic day at HolyroodImage source, PA/Thinkstock/Scottish Parliament
    Image caption,

    Business rates and income tax dominate a historic day at Holyrood

    The Scottish government will  deliver a ministerial statement on the National Review of Maternity and Neonatal Services.  

    Finance Secretary Derek Mackay is then expected to announce further support for businesses in a bid to address the growing row over rates bills. 

    MSPs will then debate and vote on all income tax rates and bands to be set in Scotland for the first time. 

    They will then be asked to back the Scottish government's nominations to the Scottish Fiscal Commission.

    The member’s debate comes from Tory MSP Annie Wells who will celebrate LGBT History Month Scotland 2017.

  6. Concern over level of evidence received by the committeepublished at 12:50 Greenwich Mean Time 21 February 2017

    Margaret Mitchell
    Image caption,

    Committee convener Margaret Mitchell says access to justice is one of the principles of the Justice Committee.

    Alastair Ross from ABI says there is an expectation on the committee to consider all the recommendations.

    Mr Ross says he is concerned about the level of evidence received by the committee compared with the level evidence received by the Scottish government in 2015.

    Committee convener Margaret Mitchell says access to justice is one of the principles of this committee and organisations will have heard his point.

    Ms Mitchell move the committee into private session. 

  7. Breaking News: One of the senior figures on the Scottish Child Abuse Inquiry has resigned.published at 12:44 Greenwich Mean Time 21 February 2017
    Breaking

    One of the senior figures on the Scottish Child Abuse Inquiry has resigned. 

    Glenn Houston, who was the only original panel member cited personal reasons. 

    He remained on the inquiry team last year after the resignation of the chair, Susan O'Brien QC and panel member Michael Lamb. 

    One survivors' group has described the news as "indicative of a crisis" in the inquiry, which is due to report in late 2019.

  8. There is evidential difficulty when trying to investigate what happened years agopublished at 12:43 Greenwich Mean Time 21 February 2017

    Graeme Watson from FOIL says there is evidential difficulty when trying to investigate what happened years ago. 

    Mr Watson says trying to unpick an earlier settlement would be a very difficult exercise.

  9. Some cases have been settled and others abandoned - FOILpublished at 12:42 Greenwich Mean Time 21 February 2017

    Graeme Watson from FOIL says there are two circumstances, one where a form of money has been paid as settlement, meaning that both parties have settled.

    Mr Watson says the other circumstance is where the case has been abandoned.

  10. Will legislation lead to cases running counter to Scots law and ECHR?published at 12:40 Greenwich Mean Time 21 February 2017

    WatsonImage source, bbc

    Graeme Watson from FOIL says this is unique, there is not a precedent for legislating away final determinations.

    Mr Watson says the issue here is one of certainty of law and the rule of law.

    He says it is also the way this is buttressed ECHR.

    Mr Watson asks whether looking to reinstate cases that have already judicially determined may run counter to Scots law and ECHR.

  11. The Bill will make substantial changes to Scots lawpublished at 12:30 Greenwich Mean Time 21 February 2017

    Alastair Ross from ABI says the Bill will make substantial changes to Scots law, although only in the area of child abuse.

    Tory MSP Margaret Mitchell says the government is proposing the speciifc removal of a decree of absolvitor which affects very specific circumstances.

  12. Final judgement casespublished at 12:30 Greenwich Mean Time 21 February 2017

    SNP MSP Rona Mackay says she is having difficulty in seeing why time bar cases and final judgement cases are being put in the same category.

    Graeme Watson from FOIL

    Graeme Watson from FOIL says part of the right to a fair trial is the right to have the definition of the court enforced. 

    Mr Watson says he can see the concern where pre-1964 cases are coming under time bar but that there are also concerns over bringing forward cases where final judgement has been made.

  13. 'The system is not functioning as it should be at the moment'published at 12:27 Greenwich Mean Time 21 February 2017

    Alastair Ross from ABI says "the system is not functioning as it should be at the moment" and there is definitely an issue around access to justice.

    This must be provided for victims but also all other parties too, he says.

  14. Broad definition is like to encourage more to come forward - ABIpublished at 12:24 Greenwich Mean Time 21 February 2017

    Alastair Ross from ABI

    Alastair Ross from ABI says if the definition is broad it is likely to encourage more to come forward.

    He says it is important to make sure the courts can handle this.

    Mr Ross says he would sincerely hope that organisations do not start approaching people to ask if they were affected by abuse the way they do at the moment with injury claims. 

  15. 'Emotional abuse is not a well defined term'published at 12:22 Greenwich Mean Time 21 February 2017

    SNP MSP Mairi Evans asks what amendments to the bill the witnesses would like to see.

    Graeme Watson from FOIL says the issue with the definition of abuse is two fold.

    He says abuse is currently framed as non-exhaustive and what is encompassed in emotional abuse.

    Mr Watson says there is a range of activity which is harder to define.

    He says the legislation could be changed to says abuse means sexual, physical and emotional abuse, replacing the word includes.

    Emotional abuse is not a well defined term, he says.

  16. It can take victims 22 years, on average, to come forward says Lib Dem MSPpublished at 12:20 Greenwich Mean Time 21 February 2017

    Lib Dem MSP Liam McArthur

    Lib Dem MSP Liam McArthur says all the evidence suggests that it can take a considerable time for someone to come forward and that 22 years is the average time it takes for victims to come forward.

    Mr McArthur says this is the driving force around removing time bar and asks if the witnesses recognise this. 

    Graeme Watson from FOIL says he does and that there has to be a balancing act between someone coming forward and them having the evidence that is required. 

  17. Benefit of having some form of discretionpublished at 12:15 Greenwich Mean Time 21 February 2017

    Graeme Watson from FOIL says when one gets to 1964 there is inevitably more difficulty in terms of substantive evidence.

    Mr Watson says with this legislation the courts will be asked to look at events in 1965 and in some cases it will be difficult to piece together what happened.

    He says the challenges increase and that is precisely why it is beneficial to have some form of discretion, which the bill does allow with the right to a fair trial. 

  18. Some cases being investigated by Police Scotland may be subject to time barpublished at 12:09 Greenwich Mean Time 21 February 2017

    SNP MSP Stewart Stevenson asks if the witnesses are aware that the 5,000 cases being investigated by police may be subject to time bar.

    Alastair Ross from ABI says says some of the cases Police Scotland are investigating may date back to the 1960s and therefore may be subject to time bar but others may be more recent.

  19. Witness says the figure of 2,200 victims should be testedpublished at 12:06 Greenwich Mean Time 21 February 2017

    Alastair Ross from ABIImage source, bbc
    Image caption,

    Alastair Ross from ABI

    Alastair Ross from ABI says it is important that the financial memorandum is looked at.

    Mr Ross says he has some difficulties in following the government figure of 2,200 as the number of victims that might come forward.

    He says it is very, very difficult to establish the quantum here.

    Mr Ross says it would be useful if actuaries could assess this.

  20. Offering judges more guidance on time bar should be considered - ABIpublished at 12:05 Greenwich Mean Time 21 February 2017

    Alastair Ross from ABI says there doesn't seem to be any guidance offered to judges on time bar.

    Mr Ross says he is not sure who would have the responsibility of doing that, but that it may be worth offering more guidance to judges on time bar.

    He says he is unsure why that has not been considered as part of the legislation instead of removing the time bar.