36 years of ignoring recommendations to scrap “archaic” laws
Of the 9 reports produced by the SLC in 1987, most were implemented by parliament within a few short years. Their 50 page report stating the need for complete reform of the child abduction legislation however was ignored. Not only did this particular report quickly become the Commission’s oldest unimplemented report to parliament, it still remains neglected 36 years on.
1984: 3 Years earlier
New laws to protect children from abduction in the UK were given the royal assent in 84. in Scotland, however, concern was immediately raised over the newly developed legal framework. The Secretary of state for Scotland promptly invited THE Scottish lAW cOMMISSION to examine the LEGISLATION.
the 1984 Abduction Act was originally intended to apply only in England and Wales and so the last minute inclusion of Scotland meant it was certainly not believed to be a satisfactory statute longer term. The new laws were merely a legislative band aid to be applied while the Scottish Law Commission could present a more appropriate and enduring solution.
The SLC produced their report on Scotland’s Child Abduction legislation in February 1987, and submitted it to parliament.
The report was scathing of the new legislation which had been passed less than 3 years earlier.
Analysis within the report was clear on the existing common law offence in Scotland of Plagium (the theft of a person). The notion that a person should be treated as a piece of property and something to be stolen was described as “archaic”.
tHE sLC recommended that existing laws should be scrapped:
Scottish Law Commission were also crystal clear in their recommendations to parliament that while the newly formed legislation on child abduction was perhaps suitable for England and Wales, it was not suitable for Scotland.
Practitioners from the fields of criminal law, civil law, human rights, parental support and child welfare contributed to the SLC review. Their inspection was sought on the new laws (Section 6) that had been hastily put together without full and appropriate consultation. They expressed the following:
recommendations to parliament were clearly laid out by the Scottish Law Commission:.
“3)(a)It should be an offence for any person to take or detain a child from the control of any person having lawful control of that child.”
The full recommendations and report by the SLC can be found here.
Although there was widespread recognition that this legislation was a mere holding operation, that it was archaic, that it was totally at odds with contemporary thinking and in need of complete reform - nothing has changed.
The legislation remains the same almost 40 years on.
