Draft Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021

Ian Murray Excerpts

Wednesday 1st December 2021 General Committees

[Ian Murray (Edinburgh South) (Lab)]

It is a pleasure to see you in the Chair, Mr Sharma. I thank the Minister for presenting the statutory instrument. It is not a controversial SI for us at all, but I have a couple of questions for him.

When this measure was going through the Scottish Parliament, it was very consensual; many Opposition amendments were carried by Parliament. We tried to balance the rights of someone who would under this SI be underage, but would still be part of the criminal justice system as a result of serious offences that could be harmful to our communities.

However, it has taken so long for the instrument to come here—long enough for two independence referendum Bills to go through the Scottish Parliament —that meanwhile the UN convention on the rights of the child has recommended that the age of criminal responsibility be increased from 12 to 14. I believe the Scottish Government have indicated that they wish to increase the age from 12 to 14 as well. Have there been any discussions about that, so that this time the rules do not change again before the consequential amendments are made in this place?

Also, has there been any indication about the working between the Scottish Government, the UK Government, the Police Federation and the police authorities? There has been some consternation, particularly with regard to the Scottish Police Federation, about the operation of the order and ensuring the protection of not only children but our communities when criminal justice matters are brought before them.

As I said, we will not oppose the order and we very much welcome it. We wish it had happened significantly quicker: many people who would have been caught by it are now too old to be covered—unless the age is increased to 14, as is the Scottish Government’s wish.