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Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill

Overview

The Bill as introduced sets up a scheme to make financial payments ("redress payments") to survivors of historical child abuse in care in Scotland. In some circumstances where the survivor has died, these can be paid to their partner or children. The Bill sets up a new independent public body, Redress Scotland, to make decisions about payments. The scheme replaces an interim scheme called the advance payment scheme.

The Bill allows organisations involved with residential care of children in the past to pay financial contributions to the scheme. In return, survivors who accept a redress payment will have to agree not to take legal action against these organisations or the Scottish Government.

The Bill also provides survivors of abuse with other practical and emotional support.

 

You can find out more in the Explanatory Notes that explains the Bill.

Why the Bill was created

Many children in care in Scotland in the past were not treated with love or with respect. They were abused by those responsible for their care.

Survivors of historical abuse in care have campaigned for redress. They want, and deserve, to be listened to, heard and believed. Making redress payments is an important part of dealing with the wrongs of the past.

The Bill aims to provide practical recognition of the harm caused by historical child abuse in care in Scotland. The Bill aims to treat survivors with dignity and respect. It is part of facing up to the wrongs of the past with compassion.

As well as the Bill, other actions are being taken to support survivors of historical child abuse. These include apologies and other forms of support.

Organisations which were responsible for the care of children at the time of the abuse are being asked to contribute to the scheme. This is what survivors have said that they want. It also allows those organisations to help deal with the wrongs of the past.

You can find out more in the Policy Memorandum document that explains the Bill.

The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill is currently at Stage 1

Introduced

The Scottish Government sends the Bill and related documents to the Parliament.

Stage 1 - General principles

Committees examine the Bill. Then MSPs vote on whether it should continue to Stage 2.

Stage 1 timetabling

The Parliament agrees that consideration of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill at stage 1 be completed by 23 December 2020.

Have your say

The deadline for sharing your views on this Bill is 2 October 2020. Submit your views here.

Committees involved in this Bill

Who examined the Bill

Each Bill is examined by a 'lead committee'. This is the committee that has the subject of the Bill in its remit.

It looks at everything to do with the Bill.

Other committees may look at certain parts of the Bill if it covers subjects they deal with.

What is secondary legislation?

Secondary legislation is sometimes called 'subordinate' or 'delegated' legislation. It can be used to:

  • bring a section or sections of a law that’s already been passed, into force
  • give details of how a law will be applied
  • make changes to the law without a new Act having to be passed

An Act is a Bill that’s been approved by Parliament and given Royal Assent (formally approved).

Delegated Powers and Law Reform committee

This committee looks at the powers of this Bill to allow the Scottish Government or others to create 'secondary legislation' or regulations.

It met to discuss the Bill in public on:

(INSERT DATE AND REPEAT FOR IF MORE THAN ONE SESSION):

  • read the official transcript of the meeting (LINK TO OR)
  • watch a video of the meeting (LINK TO PARLIAMENT TV)

Read the Stage 1 report (ADD LINK) by the Delegated Powers and Law Reform committee published on (INSERT DATE).

Finance and Constitution Committee

The committee may consider:

  • the costs of the Bill
  • whether there has been enough information provided about the costs

The committee questioned the Scottish Government team that looks at the costs of the Bill on (INSERT DATE AND REPEAT IF MORE THAN ONE SESSION):

  • read the official transcript of the meeting (LINK TO OR)
  • watch a video of the meeting (LINK TO PARLIAMENT TV)

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