by Bill Heaney
Scottish Liberal Democrat leader Alex Cole-Hamilton MSP is set to amend the Recall Bill on Tuesday afternoon after securing government backing for a review into whether MSPs could be subject to child protection checks.
His amendment will put into law a requirement to hold a review within 18 months on whether further legislation is needed to remove MSPs if they have been barred from regulated roles with children, adults or both.
A former youth worker, Mr Cole-Hamilton first proposed changing the law in 2020 so that elected representatives join the hundreds of thousands of professionals and volunteers who are already subject to safeguarding legislation.
Alex Cole-Hamilton, above right, said: “This review should be the first step towards introducing long overdue safeguards and closing this loophole.
“Parents should know that young people on work experience are with someone who can be trusted. Carers should know that vulnerable adults attending a casework surgery aren’t going to be left alone with someone who hasn’t undergone any independent vetting whatsoever. It can’t be one rule for politicians and another for everyone else.
“As a former youth worker involved in implementing the original rules, I’ve long argued that there need to be measures in place that will protect against people working in politics using their status to manipulate, target and exploit vulnerable people.
“Now that the Scottish Government have provided their support, I hope parties across the parliament will do the right thing and support my amendment and this review.”
In Scotland, Protecting Vulnerable Groups (PVG) checks are a legal requirement for anyone with a regulated role, including teachers, social workers and sports coaches.
Failing these checks could mean being barred from regulated roles with children, regulated roles with adults or from both types of regulated roles.
However, an MSP is not a regulated role, meaning members do not presently have to complete PVG checks.
The text of Mr Cole-Hamilton’s amendment, agreed with the government, is as follows:
After section 24, insert—
REVIEW OF MEMBERSHIP OF THE SCOTTISH PARLIAMENT: PROTECTION
OF VULNERABLE GROUPS
Review of membership of the Scottish Parliament: protection of vulnerable groups
(1) The Scottish Ministers must, before the end of the period of 18 months beginning with the day of Royal Assent, undertake a review on whether to introduce legislation making provision for the removal of members of the Scottish Parliament, whether through a recall process or by way of disqualification, where the member is—
(a) barred from regulated roles with children,
(b) barred from regulated roles with adults, or
(c) barred from both types of regulated role.
(2) As soon as reasonably practicable after completing the review, the Scottish
Ministers must prepare a report on the review under subsection (1).
(3) A report under subsection (2) must be—
(a) published, and
(b) laid before the Scottish Parliament.
(4) In subsection (1), “barred from regulated roles” has the meaning given by
section 92 of the Protection of Vulnerable Groups (Scotland)
Artwork by Jane Heaney