§ Mr. SalmondTo ask the Secretary of State for Scotland (1) what plans the Government have to bring Scottish child law in line with the principles set out in the UN convention on the rights of children;
(2) what action has been taken to consider whether law, policy and practice in Scotland concerned with juvenile justice and protection of children from violence are in full compliance with all provisions in the UN convention on the rights of the child.
§ Lord James Douglas-Hamilton[holding answer 27 October 1994]: The principles of the UN convention underlie the proposals for child care policy and law set out in the White Paper "Scotland's Children", Cm 2286. We intend the children's hearings system to continue to play a crucial role in the care of children in Scotland and the White Paper contains proposals for strengthening that role. The necessary legislation is in the course of preparation and will be introduced when parliamentary time permits.
§ Mr. SalmondTo ask the Secretary of State for Scotland what plans the Government have to introduce legislation in Scotland allowing for the exclusion of child abusers from the family home.
§ Lord James Douglas-Hamilton[holding answer 27 October 1994]: The White Paper "Scotland's Children", Cm 2286, indicated the Government's intention to introduce an exclusion order for the protection of children. The necessary legislation is in the course of preparation and will be introduced when parliamentary time permits.
§ Mr. SalmondTo ask the Secretary of State for Scotland plans the Government have to implement the recommendations of the 1992 Scottish Law Commission report on family law; and when the legislation will be placed before the House.
§ Lord James Douglas-Hamilton[holding answer 27 October 19941]: My right hon. Friend the Secretary of State plans to implement certain recommendations of the Scottish Law Commission report on family law, particularly those relating to parental responsibilities and rights. The necessary legislation is in the course of preparation and will be introduced when parliamentary time permits.
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§ Mr. SalmondTo ask the Secretary of State for Scotland what plans the Government have to implement the recommendations of Lord Clyde in his 1991 report on the Orkney child abuse inquiry; and when the legislation will be placed before the House.
§ Lord James Douglas-Hamilton[holding answer 27 October 1994]: The proposals in the White Paper, "Scotland's Children", Cm 2286, reflect the recommendations of and consultations on Lord Clyde's report and other reports published from 1990 onwards. Many of Lord Clyde's recommendations related to social work practice and procedure, and action to implement these is in hand. Revised guidance on aspects of child protection is now at an advanced state of preparation. Other changes require legislation. This is in the course of preparation and will be introduced when parliamentary time permits.
§ Mr. SalmondTo ask the Secretary of State for Scotland in what areas existing Scottish child law breaches the principles accepted by the British Government following their ratification of the UN convention on the rights of children.
§ Lord James Douglas-Hamilton[holding answer 27 October 1994]: The welfare of the child is at the centre of the child care provisions of the Social Work (Scotland) Act 1968. This is in keeping with the principles of the UN convention. In ratifying the convention, the Government noted a detailed reservation on article 37(d), which takes account of the operation of the children's hearings system in Scotland. The White Paper, "Scotland's Children", Cm 2286, proposed changes in policy and law which are consistent with the principles of the convention.
§ Mr. SalmondTo ask the Secretary of State for Scotland what plans he has to bring forward proposals for statutory assistance to Scottish children aged 16 to 18 years who were in local authority care; and what comparison he has drawn with systems in force outside Scotland.
§ Lord James Douglas-Hamilton[holding answer 27 October 1994]: Local authorities already have a statutory duty to provide assistance to young people under 18 if they have been in care immediately before school-leaving age. As was indicated in the White Paper, "Scotland's Children", Cm 2286, the Government propose to extend this duty to include young people aged 18 and to provide local authorities with a power to assist such young people under the age of 21 who meet the criteria of eligibility and need. These arrangements will stand satisfactory comparison with the other countries in the United Kingdom. The necessary legislation is in the course of preparation and will be introduced when parliamentary time permits.