Image source, The Faculty of Advocates

In its submission the Faculty of Advocates, external says: 

It is likely that there will be an increase in the number of court actions. 

These actions are likely to be complicated and to involve evidential difficulties.

These features generate resource implications for the courts.

As far as individuals involved in such cases are concerned, we reiterate the point made in our previous response that litigation is inherently stressful, with this subject-matter being particularly so. 

Significant emotional impact on those raising actions, and on any surviving individuals against whom allegations are made, appears inevitable.   

Read more here, external .

Bruce Adamson from the Scottish Human Rights Commission says there are concerns about keeping the onus on the survivor to explain why a delay has taken place.

Mr Adamson says the commission strongly feels it is the right thing to create a category of survivors who are exempt from that limitation barrier. 

Laura Dunlop QC from the Faculty of Advocates says judges don't get guidance for the use of statutory discretion. 

In its submission to the committee the Law Society of Scotland , external says: 

"We support the proposal in the Bill to remove such cases from the limitation regime. 

"With the age of majority in Scotland being 16 and with the current limitation period, a victim of childhood abuse would normally have to commence litigation prior to their 19th birthday. 

Image source, Law Society of Scotland

"As we outlined in our response to the Scottish government consultation, survivors of childhood abuse often do not seek legal advice until much later in their lives, in part because of the „silencing effect‟ that the abuser instils into the victim at a young and vulnerable age. 

"We believe that the current limitation period prevents access to justice for victims who will either be unaware or unable to exercise their rights.   

Read more here., external

Greens MSP John Finnie says those who oppose the Bill have recommended more guidance for judges and asks for witnesses to comment on this. 

Kim Leslie says it is a reasonable position but is unlikely to remove some of the barriers. 

Image source, bbc

Bruce Adamson from the Scottish Human Rights Commission says the survivors who gave evidence last week set out the evidence more powerfully and eloquently than he can.

Mr Adamson says there must be access to justice and this bill is not the whole solution, but it is progress.

For some, the current law exists as a real barrier to justice, he says.

Mr Adamson says David Whelan and Harry Aiken have campaigned on this issue.

He says the bill will remove the barrier and it will affect the rights of others.

There must be a fair hearing to both sides of any case.

Laura Dunlop QC from the Faculty of Advocates says the faculty is a broad church with about 450 practicing members with various views.

Ms Dunlop says the position which the faculty takes is set out in its written response in that it will offer what it can to make the Bill "as good as it can be".

She says the Bill "makes the position clearer than it has been before". 

Image source, bbc

Conservative MSP and committee convener Margaret Mitchell asks about the removal of the time bar proposal in the legislation.

Kim Leslie from the Law Society of Scotland says at the outset that the her organisation is a broad church.

Ms Leslie says it represents claimants and insurers.

She says the society has welcomed the bill, from the claimants perspective, but there is not consensus.

Ms Leslie says: "We have broadly welcomed the bill."

The existing legislation is not delivering justice, she says.

MSPs will now take evidence on the  Limitation (Childhood Abuse) Bill, external  from: 

• Laura Dunlop QC from the Faculty of Advocates
• Kim Leslie from the Law Society of Scotland
• Bruce Adamson from the Scottish Human Rights Commission   

Community Safety and Legal Affairs Minister Annabel Ewing says the purpose of the order is to transfer the Scottish Land Court to the Scottish Court and Tribunal Service.

MSP approve the order.

The Justice Committee will  take evidence on the Judiciaryand Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 [draft] , external from Community Safety and Legal Affairs Minister Annabelle Ewing.

Image 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.

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.  

Image source, bbc

Last week the Justice Committee took 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

Read the report here.

Image source, bbc

The committee also took evidence from: 

• Alastair Ross from the Association of British Insurers (ABI)
• Graeme Watson who is a member of the Sub-Group on Historic Abuse with the Forum of Insurance Lawyers (FOIL)

Read more here.

Image source, Thinkstock

Child abuse survivors' groups have said they have "no trust left" in Scotland's Child Abuse Inquiry. .

White Flowers Alba and In Care Abuse Survivors Group both called for urgent answers from the Scottish government on the future of the inquiry.

The probe has been plagued by problems and all three original panel members have now resigned.

Deputy First Minister John Swinney said he understood the concerns but told the BBC the inquiry was gathering momentum.

Image source, Scottish Government

Glen Houston  resigned from the panel on Tuesday . He said his new appointments to the boards of two public sector organisations meant there was potentially a conflict of interest with his work on the abuse inquiry.

The other two original panel members, Susan O'Brien QC and Prof Michael Lamb, stood down within days of each other last year, complaining of government interference.

In July 2016, senior judge Lady Smith  was appointed as the new chairwoman following Ms O'Brien's resignation.

Image source, bbc

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

The  NSPCC in Scotland , external said 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.

MSPs will shortly take evidence on the Limitation (Childhood Abuse) Bill, external  from: 

• Laura Dunlop QC from the Faculty of Advocates
• Kim Leslie from the Law Society of Scotland
• Bruce Adamson from the Scottish Human Rights Commission   

Image source, Thinkstock

The committee will then take evidence from: 

• Lauren Bruce from the Convention of Scottish Local Authorities (COSLA)
• Detective Chief Superintendent Lesley Boal QPM, from Police Scotland
• Alistair Gaw from Social Work Scotland
• Vladimir Valiente representing the Society of Local Authority Lawyers (SOLAR)   

Good morning and welcome to Holyrood Live on Tuesday 28 February 2017.

We begin this morning with the Justice Committee as it continues to take evidence on the Limitation (Childhood Abuse) Bill.

Image source, Thinkstock

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

Image source, Getty Images/Thinkstock/PA/Reuters

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