Paying for lawyers for vulnerable adults 'a moral duty' - Children's Minister

Published on Wednesday 9 September 2009 16:01

MSPs have a "moral duty" to back measures which will extend legal representation in children's hearings, a Scottish Government minister said today.

The SNP administration was defeated in Holyrood yesterday when the Education Committee voted down secondary legislation aimed at providing state-funded lawyers for vulnerable adults, usually parents, at hearings.

Labour said the move may have seen panel hearings become more "legalistic" at the expense of children's needs.

The measure will now be decided by a full meeting of Parliament today and Children's Minister Adam Ingram told MSPs that voting it down may may be detrimental to those who might need representation.

"If, for example, a relevant person has been assessed as having the language ability of a child of 61/2, the literacy skills of an 8-year-old and the numeracy skills of a 6-year-old, how can we honestly expect them to have their say, to put their perspective across, without help and support?" he said.

"We have a moral duty to support them."

The order, the Children's Hearings (Legal Representation) (Scotland) Amendment Rules 2009, was drawn up after a case at the Court of Session involving a parent with the language ability of a six-year-old.

The Government accepted that it should fund her legal representation and other vulnerable adults, although no judgment has yet been issued.

To continue without the legislation would be against the European Convention on Human Rights, the Government said.

Mr Ingram said that the extension of state-funded representation will only cover about 250 cases a year.

He also criticised yesterday's vote.

"The committee seems determined to remove a measure which simply prevents the most disadvantaged people in Scotland from being further disadvantaged," said today.

Labour committee convener Karen Whitefield said concerns were prompted by panel members themselves.

Gerard McEneany, chair of the Children's Panel Chairman's Group, wrote to the committee last week calling for the measure to be rejected because of "a lack of consultation" and instead be included in a forthcoming Bill on children's hearings.

Ms Whitefield said today: "The minister seems determined to ignore these concerns and appears to be more focused on attacking those who raise such concerns.

"Primarily these focused on the potential for this measure to introduce a much more legalistic approach within the children's hearing system."

Anecdotal evidence also indicates that the measure will apply to a "far higher" number than the 250 indicated by the minister, she said.

"This is very worrying," Ms Whitefield went on.

"If ministers and civil servants are able to so badly misjudge the impact that this SSI (secondary legislation) will have, then how can we have confidence when we are told that it will not lead to an increased legalisation of the children's hearings system."

Ms Whitefield said that in the past day she had been in touch with panel members across the country who indicated their opposition to the measure.

"SNP members have accused me of playing politics with this issue," the MSP added.

"Well, if listening to and representing the concerns of panel members is playing politics, then I am guilty as charged.

"If trying to ensure that the rights of the child remain paramount within the children's hearing system is playing politics, then I am guilty as charged."

Ms Whitefield said she did not want to see the interests of parents ignored and that any change should have been implemented after greater "engagement with stakeholders".