Order, Order.

We turn now to a Stage 3 Debate on SB238, in the name of the Scottish Conservative and Unionist Party. The question is that this Parliament approves the Criminal Law (False Accusations) (Amendment) (Scotland) Bill 2023.

Criminal Law (False Accusations) (Amendment) (Scotland) Bill 2023

An Act of the Scottish Parliament to make wasting the time of social services and other official investigative organisations a criminal offence, and for connected purposes.

Section 1 - Amendments to the Criminal Law Act 1967

(1) Part 1, Section 5, paragraph 2 of the Criminal Law Act 1967 is amended to read:

(2) Where a person causes any wasteful employment of the police, or other official investigative branch of the authorities, by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than [level 4 on the standard scale] or to both.

Section 2 - Amendments to the Children Act 1989

(1) Add to Section 47 of the Children Act 1989:

(13) Where the information given to a local authority regarding the welfare of a child, having triggered an investigation, is found to be knowingly false, then the informer shall be guilty of an offence under Section 5 of the Criminal Law Act 1967.

Section 3 - Commencement

(1) This Act enters into force upon Royal Assent.

Section 4 - Short title

(1) This Act may be cited as the “Criminal Law (False Accusations) (Amendment) (Scotland) Act 2023.

This Bill was written by the Rt. Hon. Dame /u/Underwater_Tara CT KG MVO PC MSP, Member for Glasgow Provan. It is submitted on behalf of the Scottish Conservative and Unionist Party. It is co-sponsored by the Scottish National Party.

Amended Acts:

Criminal Law Act 1967

Children Act 1989

Opening Speech

Presiding Officer,

This bill seeks to amend the law to make wasting the time of social services or other investigative divisions of the Government a criminal offence, equivalent to wasting the time of the police service. The time of social services in particular is extremely limited and valuable, and their time must be preserved where possible. Furthermore a false accusation of child endangerment, that would be investigated by social services, has the potential to do tremendous damage to a family and can be intrusive and distressing to children. This should be prevented.

Therefore we, in the Scottish Conservatives, and as it happens the SNP, have come together to once again do the Government’s job for them. We have identified an injustice, a weak spot in the Law, and have resolved to fix it. Presiding officer, let me be clear that the Scottish Conservatives will work with anyone we can in order to make the lives of ordinary Scots better.

I hope this bill has the support of the House.

Stage 1 Debate

Debate on this bill will end at the close of business on 12th October at 10pm BST.