§ Mr. Allan Stewartasked the Secretary of State for Scotland what representations he has received concerning the repeal of section 413 of the Criminal Procedure (Scotland) Act 1975; and what response he has given.
§ Mr. RifkindMy Department issued a consultation document in August 1986 proposing that my present responsibility for children committed by the courts for residential training under section 413 of the 1975 Act should cease. Some respondents favoured repeal of section 413; others, including the Sheriffs Association, argued in favour of retaining a disposal for the courts in summary procedure which would allow the courts to commit children to residential care. I have concluded in favour of amending section 413. Amendments have been tabled to the Criminal Justice (Scotland) Bill, to be debated today in another place, which make revised provision under section 413 whereby a child prosecuted and found guilty of an offence may be ordered by a sheriff to be detained for up to one year in residential care in such place as the local authority may direct. The amendments also have the effect of withdrawing the power to commit young people under section 413 orders to penal establishments.
§ Mr. Allan Stewartasked the Secretary of State for Scotland whether he has any plans to meet the Scottish Association of Directors of Social Work to discuss section 413 of the Criminal Procedure (Scotland) Act 1975; and if he will make a statement.
§ Mr. RifkindI have at present no plans to do so. The association was consulted in August 1986 on proposals for amendments to section 413 which would transfer to local authorities my responsibilities for children committed to residential training in summary criminal proceedings. Amendment to this effect has been tabled to the Criminal Justice (Scotland) Bill in another place. Following passage 539W of the Bill, my Department will consult with interested parties, including the association, on the timing and detailed implementation of the changes proposed.