From the Herald on the 31st of May, external

"ONE man who will not take part in the public hearings of the Scottish Child Abuse Inquiry (SCAI) was nevertheless a significant presence at its opening day.

"Frank Docherty, one of the pioneering child abuse survivors, who helped set up the campaign group Incas (In Care Abuse Survivors Scotland, external) and whose determination helped bring about the public inquiry, died suddenly in late April. Like too many victims, his time simply ran out before he could hear answers or see justice in respect of abuse suffered in state care.

"He had, however given written evidence to the inquiry and the SCAI’s lead solicitor Colin Macaulay QC devoted most of his opening statement to allowing Frank to speak from beyond the grave. It was a poignant tribute, not least given his comments about other abuse victims who have died. “Incas used to have more than 400 members,” Mr Docherty said, “But every time we send a newsletter out, we are contacted to say another member has passed away.”

Legal Affairs Minister Annabelle Ewing thanks the committees for their work on the BIll and those who gave evidence.

Ms Ewing thanks the survivors for their bravery and persistence.

The legal affairs minister says she was saddened to hear that Frank Docherty, a survivor and campaigner, has passed away

Ms Ewing says the Justice Committee evidence sessions highlighted a number of issues on the definition of abuse in the form of neglect.

Image source, PA

The three-year limit on survivors of childhood abuse suing for damages is to be scrapped by MSPs.

The move will allow victims of abuse dating back as far as 1964 to seek compensation for their injuries though the civil courts.

Victims currently have just three years from the date of their injury - or from their 16th birthday - to bring a court action.

The limit will be removed by the Limitation (Childhood Abuse) Bill, wose only amendment is being debated now.

The bill is likely to be unanimously approved when MSPs vote in the Scottish Parliament at 5pm.

Read more here.

MSPs debate the Limitation (Childhood Abuse) (Scotland) Bill , externalfor the last time, before voting on whether to pass the Bill at decision time.

Image source, Scottish Parliament

Tory MSP Oliver Mundell's amendment is rejected with 50 MSPs voting it and 65 against.

Image source, bbc

Mr Mundell says the minister is not reading the detail of the amendment.

He says the amendment simply asks for a report and is not asking for a specified amount.

The Tory MSP says: "This is not a wrecking amendment."

He accuses minsters of the same "cowardice and dithering" that allowed this issue to be swept under the carpet.

Patrick Harvie says it is unedifying to hear the minister and Mr Mundell accuse each other of letting down abuse.

Mr Harvie asks about Cosla saying the amendment is unworkable.

Mr Mundell says having spoken to survivors' groups this morning this debate is not unedifying.

He presses the amendment in his name and we have a five minute suspension.

Mr Mundell asks the minister how many of Scotland's 32 local authorities have adequate insurance cover for historic cases.

Ms Ewing says that is a question for the local authorities and that this is not helpful to individual cases.

Mr Mundell says the government has had plenty of time to deal with these issues as the Bill was progressing through parliament.

Image source, bbc

Tory MSP Oliver Mundell says he is gobsmacked by the Scottish government's complacency on this.

Mr Mundell says if we can't guarantee compensation will be paid in twenty years time what is the point of this Bill.

He calls on backbenchers to vote with their conscience, especially Green and SNP MSPs.

Labour MSP Johann Lamont says survivors want this reassurance and this Bill would not be here without their fighting.

Mr Mundell thanks Ms Lamont for her intervention.

He says those of us who have held office for many years have let these people down.

Ms Ewing intervenes to say you cannot quantify with exactitude the impact of this Bill.

Ms Ewing says stakeholders agreed that it would not be possible to come up with figures.

The legal affairs minister says the great uncertainty applies to previous cases especially considering the silencing affect of this type of abuse.

She says she will work with COSLA and others to work out the best way of measuring the impact of the Bill.

Ms Ewing says survivors have campaigned long and hard for this change and delaying the Bill would be disrespectful.

Image source, THINKSTOCK

A bill which would lead to a significant change in the law for victims of historical child abuse has 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?

Read more here.

Image source, bbc

Legal Affairs Minister Annabelle Ewing strongly opposes this amendment and says it has the potential of derailing the Bill.

Ms Ewing says the amendment will not allow commencement until the impact is known or a "blank cheque is written".

Mr Mundell says the minister is passing the buck to others to have to write a blank cheque.

The minister says she does not accept that and says Cosla says the amendment seems to be unworkable.

In April MSPs unanimously backed the general principles of a bill to scrap the time bar on survivors of childhood sexual abuse suing for damages.

The Scottish government wants to end the three-year limit on bringing a civil actions in such cases.

The Limitation (Childhood Abuse) (Scotland) Bill has passed its first legislative hurdle at Holyrood.

The Justice Committee previously heard that the cost of compensation could total at least £200m.

Image source, THINKSTOCK

An independent Scottish Child Abuse Inquiry, external looking into historical abuse in care settings is currently under way, led by judge Lady Smith.

All of Holyrood's parties backed the legislation during the stage one debate in the chamber.

However, some members pointed out the financial and practical concerns which surround the number of survivors who may come forward and what the cost of compensation might be.

Read more here.

Labour MSP Mary Fee says she did not support the previous Douglas Ross amendment because it would have relied on the Scottish government giving forecasts that would hold up the Bill.

Ms Fee says she will support this amendment because the government will have time to prepare a report on the finances that local authorities will require.

Image source, bbc

Justice Committee convener Margaret Mitchell rises to back her colleague's amendment.

The Conservative MSP says without a commitment that adequate resources are being made available the aims of the Bill will not be realised.

Ms Mitchell says: "It would be an absolute tragedy if at this late stage survivors of historic child abuse are let down."

Labour MSP Johann Lamont says if this matter encroached on the general stage 3 debate on the Bill it would not be the worst thing.

Ms Lamont says the fundamental issue is that the means must be found to deliver this legislation.

The Labour MSP asks why the minister did not bring forward a proposal that addressed the mechanisms of this.

She says this Bill creates a right to justice when other rights have been denied to survivors.

Ms Lamont says, without this amendment, this Bill will be another gulf for survivors.

Plans to scrap the time bar on child sexual abuse survivors suing for damages were backed by Holyrood's Justice Committee in April.

The Scottish government wants to end the three-year limit on bringing a civil action.

It would mean that cases from as long ago as 1964 could be heard in court.

A justice committee report has now supported the government bill, which it is hoped would "remove a barrier" for survivors to access civil justice.

• Will a new child abuse law deliver?

It said : "Survivors have been let down by the justice system and denied the opportunity to have their voices heard."

Image source, Thinkstock

The Limitation (Childhood Abuse) Bill would:

• end the three-year limitation period for personal injury actions where the person raising the action was a child (under the age of 18) at the time the injury occurred and the act or omission to which the child's injuries were attributable constituted abuse
• remove the limitation period whether the abuse occurred before or after the commencement of the new provisions
• and apply to abuse that took place after 26 September 1964.

The committee called on the government to "explore what other options for redress could be made available" for victims abused before 1964.

Its report said civil action would not be the right course for all survivors.

Read more here.

Image source, bbc

SNP MSP Stewart Stevenson says the amendment now is more narrow in scope and closer to one that could be taken forward

Mr Stevenson says the amendment suffers from the same basic problem as the original, which is it is "a potential road block to the regulations that give effect to the Bill".

Lib Dem MSP Alex-Cole Hamilton says that his party supports the amendment in the name of Oliver Mundell.

Mr Cole-Hamilton says the original Tory amendment had flaws and ultimately fell but this was the opportunity for the government to bring its own amendment on resources.

Image source, bbc

Labour MSP Claire Baker says the amendment has been improved since Stage 2.

Ms Baker says there are ongoing concerns about funding.

She says it is vital survivors are reassured about support and compensation.

There must be certainty that financial resources are available she says.

Ms Baker says she does not accept the amendment will delay the Bill and she says she will support the amendment.