Summary

  • The Justice Committee takes evidence on the Limitation (Childhood Abuse) (Scotland) Bill from various stakeholders

  • Topical questions features issues including the Police Scotland strategy, teacher training and HIE board

  • The Economy, Jobs and Fair Work Committee lead a debate on the economic impact of Brexit

  • SNP MSP Kenneth Gibson leads a member's debate entitled 'It’s OK to Talk. Period.'

  1. We now move to topical questionspublished at 14:04 Greenwich Mean Time 28 February 2017

    Topical questions collageImage source, Getty Images; Thinkstock; BBC
  2. Time for Reflectionpublished at 14:00 Greenwich Mean Time 28 February 2017

    Dr Mohammad Ali Shomali
    Image caption,

    Dr Mohammad Ali Shomali

    Dr Mohammad Ali Shomali, resident Imam and Director of the Islamic Centre of England, will deliver today's time for reflection.

  3. Coming up in the chamber this afternoon...published at 12:57 Greenwich Mean Time 28 February 2017

    We're back with time for reflection and then topical questions.

    Issues being raised this week include the Police Scotland strategy, teacher training and the future of  the HIE board.

    Brexit montageImage source, Getty Images/Thinkstock/PA/Reuters

    The Economy Committee will lead a debate on its report into the impact of Brexit on the economy.

    SNP MSP Kenneth Gibson will then lead a debate highlighting endometriosis, entitled ‘It’s Ok to Talk. Period.’

  4. That ends the Justice Committeepublished at 12:53 Greenwich Mean Time 28 February 2017

    Witnesses

    Committee convener Margaret Mitchell thanks the witnesses and ends this evidence session.

    Ms Mitchell moves the committee into private session.

  5. Specialist courtspublished at 12:52 Greenwich Mean Time 28 February 2017

    Lauren Bruce from COSLAImage source, bbc
    Image caption,

    Lauren Bruce from COSLA

    Lauren Bruce from COSLA says a specialist court would allow victims to know that they were going into a setting where the issues they faced would be understood, but she stresses that is a personal view.

    Vladimir Valiente from SOLAR says there are advantages and disadvantages to having a specialist system, the advantage is uniformity but it may lead to being set in their own ways.

    Mr Valiente says haveing a number of specialist hubs could help.  

  6. 'Time frames will be unprecedented'published at 12:51 Greenwich Mean Time 28 February 2017

    Labour MSP Mary Fee asks if there are any benefits or drawbacks to a specialist hub.

    Lauren Bruce from the Convention of Scottish Local Authorities (COSLA) says the "time frames will be unprecedented." 

    
          Lauren Bruce from the Convention of Scottish Local Authorities (COSLA)
    Image caption,

    Lauren Bruce from the Convention of Scottish Local Authorities (COSLA)

    Ms Bruce says expertise will be required to develop a system around cases and there could be benefits in developing a unique process. 

    She says the Jersey model would be something COSLA would be keen to see investigated.

  7. The criminal element will always be heard first and thereafter the civil element published at 12:47 Greenwich Mean Time 28 February 2017

    Vladimir Valiente from SOLARImage source, bbc
    Image caption,

    Vladimir Valiente from SOLAR

     Vladimir Valiente from SOLAR says there may be a criminal prosecution and a criminal case and generally the criminal case must take shape first, before the civil court proceedings can continue.

    This is to avoid contamination of witnesses or running of evidence he says.

    Mr Valiente suggests the criminal element will always be heard first and thereafter the civil element. 

  8. Two parallel processes brings about questions over precedence says Det Ch Supt Boal published at 12:46 Greenwich Mean Time 28 February 2017

    Detective Chief Superintendent Lesley Boal QPM, from Police Scotland says, if there are live criminal proceedings and a civil case at the same time, there is a question over what takes precedence and the potential for contamination of evidence.

    Det Ch Supt Boal says two parallel processes brings about questions over precedence. 

  9. 'It would make sense to have neglect within the Bill'published at 12:44 Greenwich Mean Time 28 February 2017

    Justice CommitteeImage source, bbc

    Vladimir Valiente representing the Society of Local Authority Lawyers (SOLAR) says it would make sense to have neglect within the Bill.

  10. 'It is really important that neglect is there'published at 12:43 Greenwich Mean Time 28 February 2017

    Lauren Bruce from COSLA asks if neglect will be interpreted in courts as part of abuse and if so should it be upfront in the legislation.

    Alistair Gaw from Social Work Scotland says: "It is really important that neglect is there."

    Mr Gaw says: "Neglect is not a sin of omission, it can be fatal", pointing to the case of the toddler Declan Heainey.

  11. 'If we don't mention neglect in the Bill, then it is not in the spotlight' published at 12:40 Greenwich Mean Time 28 February 2017

    
          Detective Chief Superintendent Lesley Boal QPM, from Police Scotland
    Image caption,

    Detective Chief Superintendent Lesley Boal QPM, from Police Scotland

    SNP MSP Mairi Evans says the committee has heard varying opinions on the definition of abuse and asks for the opinions of the panel.

    Detective Chief Superintendent Lesley Boal QPM, from Police Scotland says survivors want the definitions to be as wide as possible but this is also unhelpful to some.

    Det Ch Supt Boal says the government's definitions are wide ranging. 

    She says "neglect is still an issue and was an issue previously."

    "If we don't mention neglect in the Bill, then it is not in the spotlight," she says. 

  12. Postpublished at 12:36 Greenwich Mean Time 28 February 2017

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  13. Scottish government position on maintaining prescription is pragmatic say witnesses published at 12:36 Greenwich Mean Time 28 February 2017

    
          Lauren Bruce from COSLA and Det Ch Supt Lesley Boal QPM, from Police Scotland
        Image source, bbc
    Image caption,

    Lauren Bruce from COSLA and Det Ch Supt Lesley Boal QPM, from Police Scotland

    SNP MSP Ben Mapherson says the new limitation regime will sit alongside prescription, which the Scottish government will not change to avoid breaching ECHR.

    Vladimir Valiente says the Scottish government's position is correct in his view.

    Alistair Gaw from Social Work Scotland says his own view accords with that and says it is probably pragmatic.

    Lauren Bruce from COSLA also agrees.

    Det Ch Supt Lesley Boal QPM, from Police Scotland says it is pragmatic.

  14. Local authorities may increase in-house teams and out-source work - Alistair Gaw published at 12:33 Greenwich Mean Time 28 February 2017

    Tory MSP Douglas Ross asks where priorities will lie when councillors have additional work to do on this.

    Alistair Gaw from Social Work Scotland says local authorities may increase in-house teams but may also out-source work.

    Mr Gaw says this question will be whether or not the level of expertise is available across the country. 

  15. Not enough lawyers to deal with child abuse claims says SOLAR published at 12:31 Greenwich Mean Time 28 February 2017

    Tory MSP Douglas Ross says often councils look to make savings in terms of people, including the legal services department.

    Mr Ross asks if there are enough lawyers to deal with this potential increase in work. 

    Vladimir Valiente says some local authorities will deal with this in-house, but a small local authority like Midlothian Council would not be able to cope.

    External solicitors will be required, with additional cost he says.

    lawyersImage source, bbc
  16. Costs of investigating non-electronic paperworkpublished at 12:29 Greenwich Mean Time 28 February 2017

    Alistair Gaw from Social Work Scotland
    Image caption,

    Alistair Gaw from Social Work Scotland

    SNP MSP Stewart Stevenson asks if there is any thoughts on the costs involved in investigating non-electronic paperwork

    Alistair Gaw from Social Work Scotland says there are warehouses full of paperwork and the costs involved in investigating this will depend on the quality of the evidence available.

  17. The insurance position for local authorities is unclearpublished at 12:26 Greenwich Mean Time 28 February 2017

    Tory MSP Oliver MundellImage source, bbc
    Image caption,

    Tory MSP Oliver Mundell

    Tory MSP Oliver Mundell asks if the additional costs will stretch into the awards made as well.

    Mr Mundell says he understands some local authorities do not have insurance from the past.

    Vladimir Valiente from SOLAR say he accepts that the insurance picture is unclear.

    Mr Valiente says some insurance companies may no longer be in existance and the local authorities willl have to bear the cost.

    Litigation may have to be taken against insurance companies, he says.

  18. COSLA would welcome government discussions as to how costs can be met published at 12:25 Greenwich Mean Time 28 February 2017

    Lauren Bruce from the Convention of Scottish Local Authorities (COSLA) says there should be a move to widen access to justice.

    "Given all the unknowns with the Bill it is difficult to put figures on it," she says.

    Lauren Bruce

    Committee convener Margaret Mitchell asks if COSLA support the legislation regardless of whether additional resources are provided for the financial impact. 

    Ms Bruce says in any financial burden, COSLA would welcome discussions with the Scottish government as to how costs can be met.

    Ms Mitchell asks if COSLA would like to come back to committee on this.

    Ms Bruce says "yes".

  19. SOLAR says the process must be adequately resourcedpublished at 12:22 Greenwich Mean Time 28 February 2017

    Vladimir Valiente from SOLARImage source, bbc
    Image caption,

    Vladimir Valiente from SOLAR

    Vladimir Valiente from SOLAR says the process must be adequately resourced.

    Alistair Gaw from Social Work Scotland says this should be done and there should be options that don't include litigation and he again cites the example of Jersey.

    Committee convener Margaret Mitchell says this is way beyond the resources available now.

    Lauren Bruce from COSLA says she backs the policy intent of the bill of increasing access to justice but the impact must taken into account.

  20. Resource implications for Police Scotlandpublished at 12:18 Greenwich Mean Time 28 February 2017

    Detective Chief Superintendent Lesley Boal QPM, from Police Scotland says she is hopeful Police Scotland will be in a better position in terms of search and recovery.

    Det Ch Supt says there are resource implications for Police Scotland.