Tracker
afford the policy. Our analysis of the The meeting began with Cabi- but it appears that the law is not suc- at what age children can be consid-
submissions to the committee did net Secretary for Justice Kenny cessfully discouraging young people ered responsible for sexual actions
not show that; only three authorities MacAskill presenting two statutory from engaging in sexual activities.” that could be considered criminal.
were against the policy and would instruments regarding the provision The final panel of witnesses Paul Martin MSP asked about
not commit to it, one was against of court services in the west of Scot- were David Greatorex, who is head a case involving a 12-year-old who
the policy but did not say that it land as regards district courts. of research at the Christian Institute, had raped a two-year-old and asked
would not implement the provision, Robert Brown MSP ques- and Dr Gordon Macdonald, who is whether criminal charges should be
and four welcomed the policy but tioned MacAskill on the issue and parliamentary officer at CARE for pursued in such cases.
raised funding concerns. indicated he would seek to annul Scotland. McClory, in statement reflect-
“There is no question but that the first order regarding justices of Greatorex said his organisation ing the general position of respon-
concerns exist about how, in the the peace, while the second order was concerned that the Bill would dents, said:
overall financial settlement, different on stipendiary magistrates passed decriminalise oral sex between “When we deal with a young
policies will be implemented, but 14 unopposed. 13-15 year olds: person under 13 who behaves
respondents—the majority—asked The committee then took evi- “Our main concern about the inappropriately towards other chil-
no questions about rolling out the dence on Stage One of the Sexual Bill is that it underestimates the dren or causes them harm, there
policy and welcomed or were posi- Offences Bill from Euan Page, seriousness of oral sex. As has been is great concern about the welfare
tive about the approach. senior parliamentary affairs officer mentioned, sexual activities will be and needs of that young person.
“Local authorities did not seem at the Equality and Human Rights criminal under the Bill, but activities The behaviour must be considered
to say that they could not afford to Commission; Mhairi Logan, man- such as oral sex will not be criminal. as a care and protection issue, not
or would not implement the policy. ager of Scotland’s lesbian, gay, When we talk about child protection only for the other young children
Some say that financial issues exist bisexual and transgender domestic and welfare, we must consider how involved but for the young person
and are concerned that they must abuse project; and Tim Hopkins, serious oral sex can be; for example, who is behaving inappropriately.”
juggle budgets, but few say that they policy and legislation officer at the sexually transmitted infections can Marshall called on the Govern-
cannot afford to or will not provide Equality Network. be transferred through oral sex.” ment to consult children, some as
free school meals—as far as I can The three agreed that the Bill’s The committee then discussed young as eight, on their views on
tell from the submissions and from move to make the crime of rape home affairs and justice develop- issues raised by the proposed legisla-
reassurances that councils have gender neutral was a good move, ment in Europe. tion. But she warned such a consul-
given us.” especially as it would regard homo- Convener Bill Aitken said: tation would have to be conducted
Marion Macleod of Children in sexual rape as rape in the eyes of the “As I have said, the fact that carefully.
Scotland said her organisation was law. Hopkins raised concerns about European legislation is impinging She said:
disappointed that free school meals the way in which transsexual people on Scots law to a greater extent than “The issue is sensitive. I do not
had proven a controversial measure are treated as regards the Bill. All before requires us to be vigilant that think that the committee could, for
and the real cost will depend on three respondents were keen that we do not miss anything that might example, simply invite a panel of
what is actually provided in schools. the Bill be altered to recognise non- be of particular relevance to Scot- young people to the Parliament and
Baillie added that questions regard- consensual penetration with an land.” ask them about it. One must work
ing funding of the policy were best object as a form of rape. through agencies and people who
put to the Government and the The committee then heard already have or who can build up
councils themselves. from the Rev Graham Blount of the JUSTiCE relationships with young people so
Another matter up for discussion Scottish Churches Parliamentary
CoMMiTTEE
that sensitive issues can be discussed
was the long-term health benefits of Office and Alistair Stevenson, the in an appropriate way. The group
the policy. Baillie said the evidence public policy officer of the Evan- novEMBER 4 dynamics must be right. Some of
on this front was limited due to the gelical Alliance. By Rory Cahill the young people whom we are
short timescale of the pilots. If the On the issue of young people The Justice Committee continued most concerned about might be vul-
policy is rolled out nationwide, the and the law regarding sex, Blount taking evidence on Stage One of nerable to peer pressure. Are they
organisation would advocate fairly said: the Sexual Offences Bill, with rep- likely to speak up in a focus group in
robust research on the long-term “The question is, what is the resentatives from various children’s which there are powerful voices?”
health impact, he said. most effective way to discourage and young persons groups appear- The committee then decided it
Ian Turner of Aberlour Child young people from engaging in ing in this session. wanted to hear how current cases
Care Trust said his organisation had sexual activity before they are ready Giving evidence were: Karen of sexual behaviour that caused
reservations on whether the policy and to support those who have Brady (Scottish Children’s Reporter concern by young people were dealt
offers best value for money and already done so? The Church of Administration); Martin Crewe with.
agreed that if it goes ahead, a robust Scotland is still persuaded that, in (Barnardo’s Scotland); Jan McClory Karen Brady of SCRA said:
longitudinal study will be needed. that context, the criminal law is not (Children 1st); Netta Maciver (Scot- “Those cases are likely to be
the most effective way to protect tish Children’s Reporter Adminis- referred to the reporter, but very
older young people from themselves. tration); Kathleen Marshall (Scot- few will end up at a children’s hear-
JUSTiCE Increasingly, the present legal situa- land’s Commissioner for Children ing. The reporter will base his or
CoMMiTTEE
tion is not working if the criterion and Young People) and Dr Jonathan her decision on the behaviour that
is to deter people. We do not want Sher (Children in Scotland). has been presented and all the other
novEMBER 11 to exaggerate the figuresa— bout The key thread of discussion matters related to that young per-
By Rory Cahill which the committee has heard— focused on the age of consent and son, including their parents, their
| www.holyrood.com | Holyrood magazine | 17 November 2008 |
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