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. To overlook spiritual abuse will be to the detriment of some victimspublished at 11:06 Greenwich Mean Time 21 February 2017

    Ms Mitchell asks if the term with emotional covers the concerns about spiritual abuse.

    Mr Aitken says no as spirituality is so fundamental to a human being, while everyone feels emotion.

    He says to overlook spiritual abuse will be to the detriment of some victims. 

  2. Survivors group would always welcome definitions being widerpublished at 11:04 Greenwich Mean Time 21 February 2017

    Lib Dem MSP Liam McArthur asks if there has been any explanation as to why spiritual abuse has not been defined within the legislation.

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says they did not ask the question and the the definitions are wide but the group would always welcome the definitions being wider. 

  3. Spiritual abusepublished at 11:02 Greenwich Mean Time 21 February 2017

    SNP MSP Mairi Evans asks if survivors can feel confident that their experience will be covered. 

    Harry Aitken former resident of Quarriers Homes says there is another form of abuse in the church environment and that is "spiritual abuse".

    Mr Aitken says this is damaging because it is in the soul and heart of someone and that this should be included.

    Harry Aitken and David Whelan
    Image caption,

    Harry Aitken and David Whelan

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says people were indoctrinated into these religions and the abuse in this setting is unbelievably damaging.

    Mr Whelan says there has been an impact becasue many of these poeple have not been cared for properly.  

  4. Rape Crisis Scotland submission to the committeepublished at 11:01 Greenwich Mean Time 21 February 2017

    Rape Crisis Scotland, external says it "supports the policy intent behind this bill, which is to improve access to civil justice for survivors of childhood abuse. 

    "The nature of child sexual abuse can mean that it can take a long time for survivors to feel able to disclose what has happened to them."

    Rape Crisis ScotlandImage source, Rape Crisis Scotland
    Image caption,

    Rape Crisis Scotland

    "Many survivors in touch with Rape Crisis tell us that it took them many years before they felt able to speak about what happened, and longer to seek support from agencies such as ours. 

    "Due to the nature of child sexual abuse, the current three year restriction on bringing civil claims impacts significantly in limiting access to justice."

    Read more here., external

  5. Harry Aitken says Lady Smith did not use the discretion to the benefit of victimspublished at 11:01 Greenwich Mean Time 21 February 2017

    Lady Smith has been a judge for the past 15 yearsImage source, Scottish Government
    Image caption,

    Lady Smith has been a judge for the past 15 years

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes again says Lady Smith, who chairs the child abuse inquiry, did not use the discretion to the benefit of victims.

    Senior judge Lady Smith was appointed as the new chairwoman of the Scottish government's child abuse inquiry in July

    It followed the resignation of Susan O'Brien QC, who quit the post earlier this month citing government interference in the inquiry.

    A second member of the three-person panel, Prof Michael Lamb, also resigned over similar concerns.

    The inquiry will examine historical allegations of child abuse in Scotland.

    It is expected to last four years, and will look at the extent of abuse of children in care and identify any systemic failures.

  6. Background: Apologies Bill passed by MSPspublished at 10:58 Greenwich Mean Time 21 February 2017

    Margaret MitchellImage source, bbc

    In January 2016 Conservative MSP Margaret Mitchell saw her Apologies (Scotland) Bill , externalunanimously passed by MSPs. 

  7. The process must be victim survivor centredpublished at 10:55 Greenwich Mean Time 21 February 2017

    Mr Aitken says he can see the merits of Ms Mitchell's legislation.

    David Whelan says the difference in the past few years is that victims have been consulted

    The process must be victim survivor centred, he says.

  8. 'This cannot happen to another generation of children in Scotland'published at 10:53 Greenwich Mean Time 21 February 2017

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says: "This cannot happen to another generation of children in Scotland."

    Mr Whelan's colleague Harry Aitken says a visiting Australian professor came to Scotland and said the apology law led to more successful claims there.

  9. Sincere apology 'one of the most powerful things you can give someone'published at 10:53 Greenwich Mean Time 21 February 2017

    Witnesses

    Committee convener Margaret Mitchell says the apology law may present the opportunity for some redress.

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says he didn't support the apology law initially but it would be very helpful.

    "It is up to the individual what they want," he says.

    Mr Whelan says "an apology which is sincere and meaningful is probably one of the most powerful things you can give someone."

  10. Victims 'will take the 1964 dilemma to the graves with them'published at 10:50 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

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes says the 1964 law is a closed door for many survivors and a hard pill to swallow.

    Mr Aitken says these victims must be treated sensitively as they "will take the 1964 dilemma to the graves with them".

    Any individual who sustained injuries prior to the 26th of September 1964 and did not raise an action before their claim prescribed, would not be able to raise proceedings, despite the change in the law. 

    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.  

  11. Survivors group in discussions with the government about redresspublished at 10:47 Greenwich Mean Time 21 February 2017

    SNP MSP Ben Macpherson asks if the government's decision on prescription was appropriate. 

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says he would like every case to go forward by he recognises the difficulties.

    David Whelan

    Mr Whelan says Former Boys and Girls Abused in Quarriers Homes are in discussions with the government about redress.

    He says he recognises that there are issues around human rights but the government have taken the time to explain this and meet with survivors. 

    He says the survivors group recognises the government's position and thanks them for taking the time to explain issues.

  12. Victims should not be discredited or undermined and challenges in the civil courtspublished at 10:42 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

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes says the bill is shaping up to have a lot of great things for survivors.

    Mr Whelan says victims should not be discredited or undermined and challenges in the civil courts should be done properly.

  13. 'There is a mischief in the legislation that needs to be addressed' quotes Mr Whelanpublished at 10:39 Greenwich Mean Time 21 February 2017

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says one of the Lords said there is a mischief in the legislation that needs to be addressed.

  14. Association of Personal Injury Lawyers submission to the committeepublished at 10:37 Greenwich Mean Time 21 February 2017

    The Association of Personal Injury Lawyers, external "welcomes the introduction of the Limitation (Childhood Abuse) (Scotland) Bill, and applauds the Scottish government‟s recognition that abuse victims are a unique category of pursuer".

     "The Bill not only removes the limitation period for those abuse victims who have not yet brought a court action, it also includes provisions to allow a right of action for some pursuers who had their initial claim disposed of due to limitation issues."

    Read more of the submission here. , external

    APILImage source, APIL
  15. 'The streets are littered with the damage that has been done to victims'published at 10:36 Greenwich Mean Time 21 February 2017

    Graeme Garrett from the Association of Personal Injury Lawyers says "the streets are littered with the damage that has been done to victims" and the resources to help victims will be well spent. 

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes says there has been unfettered full discretion for the courts but cases still did not proceed.

    Mr Aitken refers to the Quarriers' case where Lady Smith did not allow the cases to proceed.

  16. Drawing money away from other resources 'not really our concern'published at 10:35 Greenwich Mean Time 21 February 2017

    Harry Aitken

    Greens MSP John Finnie says there are criticisms of the bill and one is that resources will be redirected from other valuable areas.

    Harry Aitken former resident of Quarriers Homes says 15 years is not a long time for a survivor.

    Mr Aitken says there have been historic cases where people have used limited evidence and won.

    He says "as far as drawing money away from other resources, it is not really our concern."

  17. Postpublished at 10:32 Greenwich Mean Time 21 February 2017

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  18. The change in law and court process may allow elderly victims to 'die happy'published at 10:30 Greenwich Mean Time 21 February 2017

    Harry Aitken says there are very proficient and very efficient support workers helping abuse victims.

    Mr Aitken says the first tranche of victims should be the frail and the elderly and the process may allow them to die happy.

    He says after the first tranche there may be a further swell of victims, but he says this happened in Canada and Australia and there is plenty of information available.

    Mr Aitken says the methods in place will suffice and work well and he sees no impediment to victims getting the support they need. 

  19. 'You need to have someone worth suing'published at 10:27 Greenwich Mean Time 21 February 2017

    Tory MSP Douglas Ross asks if survivors could cope with delays in a "already stretched justice system".

    Graeme Garrett from the Association of Personal Injury Lawyers says many victims will have been abused by individuals rather than in institutions.

    Mr Garrett says "you need to have someone worth suing" before going down that route.

    Graeme Garrett

    He says former foster carers may pose a problem.

    Mr Ross asks how survivors who have already waited so long will deal with further delays.

    David Whelan spokesperson for Former Boys and Girls Abused in Quarriers Homes says it is "scaremongering" from insurance companies to suggest this is a barrier.

    Mr Whelan says delays in the court system is "not our issue" and that is is the issue for the committee. 

  20. Legislation will have a dramatic impact on victimspublished at 10:22 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

    Harry Aitken from Former Boys and Girls Abused in Quarriers Homes says it will still be difficult for victims to go to court.

    Mr Aitken says victims that have the courage to go forward will be fortified.

    He says at long last the Scottish government has given them that opportunity and it will have a dramatic impact on victims which will "enlighten and enrich their spirit".