Stage 1 Report on the Limitation (Childhood Abuse) (Scotland) Bill

PDF Published: Thursday 20 Apr 2017

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Report
- Executive Summary
- Introduction
  - Overview of the Bill
  - The current law on limitation
    
    Policy behind the limitation of actions
    
    The relationship between the Bill and the law of prescription
  - Human rights considerations
  - Broader policy context
  - Scottish Government consultation preceding the Bill
  - Committee scrutiny
- Removal of the three year limitation period for childhood abuse cases
  - Scottish Government's policy justification
  - Evidence received
    
    Arguments in support of the removal of the limitation period
    
    Impact on survivors
    
    Concerns expressed about the removal of the limitation period
    
    Cases where the abuse occurred before 1964
  - Alternatives to the removal of the three year limitation period
    
    Guidance on the exercise of the section 19A discretion
    
    Financial redress
  - Conclusions on the removal of the limitation period
- Key definitions in the Bill
  - Definition of child
  - Definition of abuse
    
    Setting in which the abuse took place
    
    Non-exhaustive definition of abuse
    
    Categories of abuse
    
    Emotional abuse
    
    Additional categories of abuse that could be included in the Bill
    
    Neglect
    
    "Spiritual abuse"
    
    Psychological abuse
    
    Conclusions on the categories of abuse
- Retrospective application of the Bill
  - Existing rights of action
  - Previously raised cases
    
    Decree of absolvitor
    
    Settled cases
- Safeguards for defenders
  - The fair hearing test
  - The substantial prejudice test
  - Conclusions on the safeguards for defenders
- Financial and resource implications of the Bill
  - Number of actions brought as a result of the Bill
  - Costs to potential defenders
    
    Local authorities
    
    Other organisations and individuals
  - Impact of the Bill on the court system
  - Implementation
- General principles
- Annex A - Extracts from the minutes
- Annex B - Written evidence
- Annex C - Informal testimonies
Sources

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Policy Memorandum paragraphs 109-111. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Scottish Government. (2017, February 9). Letter from Minister for Community Safety and Legal Affairs to Deputy Convener. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/General%20Documents/20170209MfCSLAtoRM.pdf

Policy Memorandum, paragraphs 15-23. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Policy Memorandum, paragraph 71.. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Delegated Powers and Law Reform Committee. (2017, January 18). 3rd Report, 2017 (Session 5): Limitation (Childhood Abuse) (Scotland) Bill at Stage 1. Retrieved from http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/103073.aspx

Policy Memorandum, paragraphs 25-39. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Scottish Government. (2016, March). Response to the Consultation on the Removal of the 3 Year Limitation Period from Civil Actions for Damages for Personal Injury for In Care Survivors of Historical Child Abuse, page 4. Retrieved from http://www.gov.scot/Resource/0049/00496566.pdf

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Former Boys and Girls Abused in Quarriers Homes. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes.pdf

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Forum of Insurance Lawyers. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

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Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 31.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col 9..

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Alistair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 34.

Graeme Watson. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 34.

Alistair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 35.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, cols. 18-19.

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

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Sandy Brindley, Rape Crisis Scotland. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 11.

COSLA. (2017, February). Written Submission, paragraphs 19-20. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, cols. 31-32.

Vladimir Valiente, SOLAR. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 33.

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Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 18. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

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Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 17. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

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Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 23. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Policy Memorandum, paragraph 42. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, pages 5-6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Policy Memorandum, paragraph 45. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Victim Support Scotland. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_VSS.pdf

Scottish Human Rights Commission. (2017, January). Written Submission, page 11. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/SHRC.pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, cols. 11, 13-16.

Annabelle Ewing. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 32.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 21. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 45. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, page 6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Justice Committee 21 February 2017 [Draft], Graeme Watson, contrib. 193, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977392

Scottish Government. (2015, June). Consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, page 17. Retrieved from http://www.gov.scot/Resource/0048/00480345.pdf

Scottish Government. (2017, February). Analysis of responses to the consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, pages 12, 14. Retrieved from https://consult.scotland.gov.uk/civil-law-reform-unit/removal_of_the_3_year_limitation_period/results/00496538.pdf

Faculty of Advocates. (2015, September). Response to the Scottish Government consultation on the removal of the three year limitation period from actions for damages for personal injury for in care survivors of historical child abuse, page 8. Retrieved from http://www.advocates.org.uk/media/1867/3-year-3.pdf

Former Boys and Girls Abused in Quarriers Homes. (2017, March 6). Supplementary Written Submission. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes_supplementary2.pdf

Graeme Watson, Forum of Insurance Laywers. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 44. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Alistair Ross, Association of British Insurers. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 45. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

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