Stage 1 report on the Disclosure (Scotland) Bill

PDF Published: Tuesday 17 Dec 2019 (ESS052019R9)

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Overview
Report

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Overview
Report
- Introduction
  - Overview of the Bill
- Education and Skills Committee consideration
- Consideration by other committees
- Reforming the disclosure system
  - Other legislation
- Role of the independent reviewer
- Disclosure - the two-part test
  - Scottish Government position
- Other Relevant Information (ORI)
- Changes to the PVG scheme
  - Removing under 16s from the PVG scheme
  - Accredited bodies
  - Regulated roles
- Disclosure of offences
  - Lists of offences
  - Childhood offences
- Financial Memorandum
- General principles of the Bill
- Annex A - Extracts from the minutes
- Annex B - written and oral evidence
Sources

Scottish Government. (2019). Disclosure (Scotland) Bill Policy Memorandum. Retrieved from https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/disclosure-scotland-bill/introduced/policy-memorandum-disclosure-scotland-bill.pdf [accessed 30 November 2019]

Scottish Government. (2019, June 12). Disclosure (Scotland) Bill Policy Memorandum. Retrieved from https://www.parliament.scot/S5_Bills/Disclosure%20(Scotland)%20Bill/SPBill50PMS052019.pdf [accessed 30 November 2019]

Scottish Government. (2019, June 13). Disclosure (Scotland) Bill Policy Memorandum. Retrieved from https://www.parliament.scot/S5_Bills/Consumer%20Scotland%20Bill/SPBill50PMS052019.pdf [accessed 30 November 2019]

Todd MSP, M. (2019, June 13). Ministerial Statement, Disclosure (Scotland) Bill. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12183 [accessed 5 December 2019]

Business in the Community. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820BITC.pdf [accessed 3 December 2019]

Scottish Volunteering Forum. (2019, October 30). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20191030Scottish_Volunteering_Forum.pdf [accessed 3 December 2019]

Royal Blind and Scottish War Blinded. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820Royal_Blind.pdf [accessed 3 December 2019]

Criminal Justice Voluntary Sector Forum. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820CJVSF.pdf [accessed 3 December 2019]

Education and Skills Committee 13 November 2019 [Draft], Debbie Nolan, contrib. 9, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216662

Centre for Youth and Criminal Justice. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820Centre_for_Youth_and_Criminal_Justice.pdf [accessed 3 December 2019]

Social Work Scotland. (2019, August 26). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190826Social_Work_Scotland.pdf [accessed 3 December 2019]

Community Justice Scotland. (2019, August 19). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190819Community_Justice_Scotland.pdf [accessed 3 December 2019]

Minister for Children and Young People. (2019, August 16). Letter to the Education and Skills Committee. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190816IN_Disclosure_Bill_MCYP_reply_to_the_ES_committee.pdf [accessed 3 December 2019]

Education and Skills Committee 20 November 2019 [Draft], Kevin Lee, contrib. 67, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218359

Education and Skills Committee 20 November 2019 [Draft], Gemma Grant, contrib. 74, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218366

Education and Skills Committee 20 November 2019 [Draft], Maree Todd, contrib. 78, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218370

CELCIS. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820CELCIS_submission.pdf [accessed 3 December 2019]

Education and Skills Committee 20 November 2019 [Draft], Gemma Grant, contrib. 61, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218353

Coalition of Care and Support Providers in Scotland. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820CCPS-Coalition_of_Care_and_Support_Providers_Scotland.pdf [accessed 3 December 2019]

Howard League Scotland. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820Howard_League_Scotland.pdf [accessed 3 December 2019]

Education and Skills Committee 13 November 2019 [Draft], Robert Dorrian, contrib. 65, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216718

Children and Young People's Commissioner Scotland. (2019, August 23). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190823Children_and_Young_Peoples_Commissioner_Scotland.pdf [accessed 3 December 2019]

Todd MSP, M. (2019, October 21). Correspondence from the Minister for Children and Young People. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20191021_In_Disclosure_Bill_-_MCYP_letter_to_the_ES_committee_-_relevance_and_ought_to_be_included_tests.pdf [accessed 30 November 2019]

Scottish Government. (2019, June 12). Disclosure (Scotland) Bill. Retrieved from https://www.parliament.scot/S5_Bills/Disclosure%20(Scotland)%20Bill/SPBill50S052019.pdf [accessed 30 November 2019]

Clan Childlaw. (2019, August 23). Submission. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20190823CLAN_CHILDLAW.pdf [accessed 30 November 2019]

Education and Skills Committee 09 October 2019 [Draft], Alison Reid, contrib. 19, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209392

Law Society of Scotland. (2019, August 20). Submission. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20190820Law_Society_of_Scotland.pdf [accessed 30 November 2019]

Education and Skills Committee 09 October 2019 [Draft], Andrew Alexander, contrib. 33, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209406

Education and Skills Committee 06 November 2019 [Draft], Dr Marks, contrib. 98, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2215093

Education and Skills Committee 13 November 2019 [Draft], Alistair Hogg, contrib. 12, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216665

Education and Skills Committee 13 November 2019 [Draft], Debbie Nolan, contrib. 13, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216666

Education and Skills Committee 13 November 2019 [Draft], Brian Houston, contrib. 21, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216674

Education and Skills Committee 04 September 2019, Kevin Lee, contrib. 35, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194395

Education and Skills Committee 04 September 2019, Gerard Hart, contrib. 36, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194396

Faculty of Advocates. (2019, November 19). Letter to Education and Skills Committee regarding Disclosure (Scotland) Bill. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20191119Faculty_Response_19_November_2019.pdf [accessed 30 November 2019]

Sharratt, N. (2019, August 30). Disclosure (Scotland) Bill. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2019/8/30/The-Disclosure--Scotland--Bill [accessed 30 November 2019]

Education and Skills Committee 09 October 2019 [Draft], Sheena Brennan, contrib. 35, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209408

Education and Skills Committee 20 November 2019 [Draft], Gerard Hart (Disclosure Scotland), contrib. 11, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218303

Children in Scotland. (2019, August 20). Written submission. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20190820Children_in_Scotland.pdf [accessed 30 November 2019]

Howard League Scotland. (2019, August 20). Written submission. Retrieved from https://www.parliament.scot/S5_Education/Inquiries/20190820Howard_League_Scotland.pdf [accessed 30 November 2019]

Education and Skills Committee 13 November 2019 [Draft], Alistair Hogg, contrib. 34, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216687

Education and Skills Committee 13 November 2019 [Draft], Alistair Hogg, contrib. 37, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216690

Education and Skills Committee 13 November 2019 [Draft], Brian Houston, contrib. 45, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216698

Education and Skills Committee 13 November 2019 [Draft], Debbie Nolan, contrib. 43, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216696

Education and Skills Committee 20 November 2019 [Draft], Maree Todd, contrib. 26, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218318

Education and Skills Committee 20 November 2019 [Draft], Gerard Hart, contrib. 48, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218340

Education and Skills Committee 04 September 2019, Kevin Lee, contrib. 10, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194370

Education and Skills Committee 04 September 2019, Gerard Hart (Disclosure Scotland), contrib. 17, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194377

Education and Skills Committee 04 September 2019, Kevin Lee, contrib. 16, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194376

Scottish Catholic Safeguarding Service. (2019, September 25). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190925Scottish_Catholic_Safeguarding_service.pdf [accessed 5 December 2019]

Education and Skills Committee 09 October 2019 [Draft], Sheena Brennan (Police Scotland), contrib. 5, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209378

Education and Skills Committee 06 November 2019 [Draft], Rose McConnachie (Community Justice Scotland), contrib. 71, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214126

Education and Skills Committee 04 September 2019, Ailsa Heine, contrib. 66, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194426

Safeguarding Committee of the Church of Scotland. (2019, October 29). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20191029Church_of_Scotland.pdf [accessed 5 December 2019]

Education and Skills Committee 04 September 2019, Gerard Hart, contrib. 49, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194409

Education and Skills Committee 06 November 2019 [Draft], Sarah Latto, contrib. 25, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214080

Interest Link Borders. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820Interest_Link_Borders.pdf [accessed 5 December 2019]

Royal Yachting Association Scotland. (2019, August 23). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190823Royal_Yachting_Association_Scotland.pdf [accessed 5 December 2019]

Education and Skills Committee 13 November 2019 [Draft], Lindsay Law, contrib. 50, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216703

Education and Skills Committee 06 November 2019 [Draft], Adam Dillon, contrib. 27, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214082

Education and Skills Committee 06 November 2019 [Draft], Florence Witherow, contrib. 28, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214083

Education and Skills Committee 09 October 2019 [Draft], Sheena Brennan, contrib. 13, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209386

Education and Skills Committee 04 September 2019, Kevin Lee, contrib. 51, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194411

Education and Skills Committee 20 November 2019 [Draft], Gerard Hart, contrib. 87, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218379

Education and Skills Committee 20 November 2019 [Draft], The Minister for Children and Young People (Maree Todd), contrib. 3, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218295

Education and Skills Committee 04 September 2019, Kevin Lee (Disclosure Scotland), contrib. 8, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2195487

COSLA. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820COSLA.pdf [accessed 5 December 2019]

Education and Skills Committee 09 October 2019 [Draft], Sheena Brennan, contrib. 67, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209440

Education and Skills Committee 06 November 2019 [Draft], Ben Hall (Shared Lives Plus), contrib. 6, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214061

Scottish Volunteering Forum. (2019, October 30). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20191030Scottish_Volunteering_Forum.pdf [accessed 5 December 2019]

Scottish Women's Aid. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820Scottish_Womes_Aid.pdf [accessed 5 December 2019]

Education and Skills Committee 09 October 2019 [Draft], Andrew Alexander, contrib. 71, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209444

Education and Skills Committee 20 November 2019 [Draft], Maree Todd, contrib. 93, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218385

Education and Skills Committee 06 November 2019 [Draft], Sarah Latto, contrib. 45, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214100

Education and Skills Committee 20 November 2019 [Draft], Maree Todd, contrib. 54, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218346

Education and Skills Committee 06 November 2019 [Draft], Beth Weaver, contrib. 94, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2215092

General Teaching Council for Scotland. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190820GTCS.pdf [accessed 5 December 2019]

Education and Skills Committee 20 November 2019 [Draft], Gemma Grant, contrib. 50, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2218342

Education and Skills Committee 09 October 2019 [Draft], Cheryl Campbell, contrib. 119, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209492

Education and Skills Committee 06 November 2019 [Draft], Beth Weaver (Howard League Scotland), contrib. 72, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214127

Education and Skills Committee 06 November 2019 [Draft], Dughall Laing, contrib. 119, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214174

Education and Skills Committee 13 November 2019 [Draft], Debbie Nolan, contrib. 61, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216714

Education and Skills Committee 13 November 2019 [Draft], Debbie Nolan (Centre for Youth and Criminal Justice), contrib. 4, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2217118

Who Cares? Scotland. (2019, August 19). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190819Who_Cares_Scotland.msg.pdf [accessed 5 December 2019]

Education and Skills Committee 06 November 2019 [Draft], Beth Weaver, contrib. 122, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214177

Education and Skills Committee 13 November 2019 [Draft], Robert Dorrian (Who Cares? Scotland), contrib. 7, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216660

Education and Skills Committee 09 October 2019 [Draft], Alison Reid, contrib. 120, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209493

Education and Skills Committee 13 November 2019 [Draft], Alistair Hogg, contrib. 60, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12368&c=2216713

Education and Skills Committee 09 October 2019 [Draft], Alison Reid, contrib. 107, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209480

Education and Skills Committee 09 October 2019 [Draft], Nicola Dickie, contrib. 117, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12320&c=2209490

Education and Skills Committee 20 November 2019 [Draft], Maree Todd, contrib. 34, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12380&c=2222364

Shetland Islands Council. (2019, August 20). Written submission. Retrieved from https://parliament.scot/S5_Finance/General%20Documents/ShetlandCouncil.pdf [accessed 5 December 2019]

Todd MSP, M. (2019, September 19). Letter to the Education and Skills Committee from the Minister for Children and Young People. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190919InDisclosure_Bill_request_for_financial_information_MCYP_reply_to_the_ES_committee.pdf [accessed 5 December 2019]

Education and Skills Committee 04 September 2019, Gerard Hart, contrib. 30, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12233&c=2194390

Education and Skills Committee 06 November 2019 [Draft], Sarah Latto, contrib. 52, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=12350&c=2214107

Scottish Children's Reporter Administration. (2019, August 19). Written submission. Retrieved from https://parliament.scot/S5_Education/Inquiries/20190819SCRA_FULL_Consultation_Response_FINAL.pdf [accessed 5 December 2019]

Last Updated: 14/5 3:22am

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