Overarching Principles

Part of Orders of the Day — Children (Scotland) Bill – in the House of Commons at 7:30 pm on 1 May 1995.

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Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West 7:30, 1 May 1995

I am not sitting down yet.

Amendment No. 154, which the hon. Member for Orkney and Shetland criticised so strongly, is linked with amendment No. 153 and makes an important addition that is designed to protect members of the public from serious harm from young people who may have shown destructive or violent behaviour to others. The amendment confers on children's hearings and the courts discretion to set aside the principle of paramountcy of the child's welfare in dealing with occasional difficult cases. It complements logically the derogation from paramountcy that is available to local authorities in dealing with a child whom they are looking after. The amendment provides through children's hearings and courts a protection that the public have every right to expect. The exception is a young person who is displaying destructive and intimidating behaviour that could lead to substantial damage to another person.