Christina McKelvie MSP

Member of the Scottish Parliament for Central Scotland

Christina spoke in the Stage 1 debate on 16 June:

“The children’s hearings system has been an important aspect of the Scottish legal system for nearly 40 years now, and has been examined and copied by other nations. It is a welfare-based system that supports children and families in the most difficult of circumstances. The purpose of the bill is, of course, to enhance and modernise the system rather than to replace it. As the committee report has it:

“The Committee also recognises, however, that the children’s hearings system is not perfect. It has to be modernised to ensure that it can provide a consistent service across and respond to the needs of a modern society.”

“We are preparing the system for the next four decades of use to protect and nurture children and young people, and we are ensuring that the bill meets the twin challenges of updating the system while not compromising any of its key principles…

“Another change that comes in with the bill and for which I congratulate the minister is the extension of legal aid provision. It is an excellent move to allow children and other relevant persons the right to apply for legal aid. Additionally, allowing applicants for legal aid to choose their own lawyer from the Scottish Legal Aid Board’s list of lawyers allows choice and continuity of representation as well as addressing issues of access to legal assistance in emergency situations. It offers choice, dignity and support to children and young people who are involved with the panels, and to their parents, carers and other relevant people who are involved. It certainly goes a long way towards addressing our responsibilities on human rights legislation and the embedding of the United Nations Convention on the Rights of the Child, which is a particular interest of mine.

“Given that the work of the panel involves repairing the lives of children who have been damaged by circumstances, events or, indeed, by the very people whom they should trust to protect them, offering that dignity and legal support is an important step in the right direction. It sends a message that the state is not about to turn its back on those in need, that the weakest members of our society will be protected as far as possible, and that Scotland sets great store by ensuring that the wheels of justice turn for everyone, even if in some circumstances they turn slowly. Being given that measure of choice and support may be part of the process that helps a young person to begin to rebuild their life.”

Read the full debate at http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-10/sor0616-01.htm

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