Schedule 2 — Regulated Work with Children

Part of Protection of Vulnerable Groups (Scotland) Bill: Stage 3 – in the Scottish Parliament at 11:00 am on 8 March 2007.

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Photo of Lord James Selkirk Lord James Selkirk Conservative 11:00, 8 March 2007

I mention that I am a non-practising Queen's counsel, but I am unlikely to have a direct interest in amendment 38. Amendment 38 comes from the Law Society of Scotland, which questions whether the Parliament agrees to the inclusion in the meaning of "regulated work" the work that professionals who are already regulated undertake on behalf of children. A few solicitors in specific roles are disclosure checked, such as those who are curators in court, but the Law Society is concerned that paragraph 6 of schedule 2 will affect solicitors who deal with children in more general roles.

Solicitors are considerably regulated with regard to the protection of children in such situations. The society has provided a guidance document entitled "Child Protection and Representation Principles for Children's Lawyers" and it updates information on what is required on its website. That guidance has been tailored to the unique nature of guiding children through complex legal situations and is more appropriate than any general regulatory regime could be.

Amendment 27 goes a considerable way towards assuaging concerns. It will exempt solicitors who give children incidental advice as part of their main job of advising adults, but the core issue remains that solicitors are already sufficiently regulated, as are others whom professional bodies govern.

Under amendment 38, the scheme would still include staff of telephone advice lines and agony aunts in children's magazines. Those are the only roles that are mentioned as examples in the explanatory notes to the bill. Those jobs are not currently regulated. Members of professional bodies, such as solicitors, operate in a different context. Initially, it was unclear whether ministers even intended the provision to extend to them. Amendment 38 would ensure that the provision did not apply to them and that their existing highly tailored regulatory regime would not be overridden by the general regime.

I intend to press amendment 38.