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Aug 2002 Index

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September 2002

Proposed legislation to stop "unsuitable" people working with children was unveiled by the Executive today.

The Protection of Children (Scotland) Bill will create a List of Persons Unsuitable to Work with Children.

Employers will refer people to the list if they have been sacked or moved as a result of unsuitable behaviour towards children, even if they have not been convicted of a criminal offence.

The courts will refer someone if they are convicted of an offence which demonstrates their unsuitability.

It will be an offence for an individual on the list to continue to work with children or apply for a job working with children.

There will be a legal duty on organisations such as nurseries, schools, scouts and guides to check the list before employing someone, and make it an offence for such an organisation to employ someone on the list.

Publishing the Bill during a visit to Molendinar Family Learning Centre in Glasgow, Education and Young People Minister Cathy Jamieson said:

"Many parents put their children in the care of others while they are at work. Playgroups, nurseries and schools play a vital role in today’s society and outwith school children are involved in an ever-increasing range of sport and leisure activities – usually under the supervision of an adult.

"Trust is vital in this environment and the fear that someone close to their child abuses that position of trust is one of the worst fears that parents have to live with. Unfortunately, it is a sad fact of life that occasionally these fears become a reality and that a small minority seek to exploit the positions of authority they enjoy.

"This Bill will close a loophole which currently allows people who have lost their job – paid or voluntary – because of clear concerns over their conduct towards children to then find other work where they continue to have contact with children.

"It is simply unacceptable that these people can have continued access to children and the List of Persons Unsuitable to Work with Children will ensure this is no longer allowed to happen. People will be referred to the list in one of two ways: either by their employer if they have shown they are unsuitable to work with children; or by the courts if they are convicted of an offence which demonstrates their unsuitability.

"This allows for the list to take into account a range of unsuitable behaviour, from neglect to sexual abuse. Once an individual is on the list, it will be an offence for them to continue to work with children or apply for a job working with children.

"It will also be an offence for an organisation to employ someone to work with children if they are on the list. There will be a duty on employers to check the list via the Scottish Criminal Records Office before taking someone on.

"The Bill complements the rigorous system for criminal record checks which already exists in Scotland and the other work under way to strengthen safeguards for children, including the Child Protection Review. This review, set up in the wake of the death of Kennedy McFarlane, will make recommendations later this year on how services for children who experience abuse or neglect can be further improved.

"By finding the balance between protecting children and allowing them to enjoy the innocence of childhood, we can ensure we protect Scotland’s greatest asset – its children."