COMMENT FACT CHECK: BREASTFEEDING ETC. (SCOTLAND) ACT 2005
The aim of the act was to increase the take up and duration rates of breastfeeding. Has it worked?
BACKGROUND: ▏ This private member’s bill, introduced by Elaine Smith MSP, made it an offence to prevent a child under two being breast or bottle fed in a public place or licensed premises where a child was permitted to be
▏ In 1995 36 per cent of mothers breastfed at six weeks, while in 2000 this had risen to 40 per cent
▏ In 1994 the then Scottish Office set a target of more than 50 per cent of mothers still breastfeeding their babies at six weeks by 2005
TODAY: ▏ According to the ‘Growing Up in Scotland: Birth Cohort 2’ report, which studied the lives of a group of children born in 2010-11, 36 per cent were exclusively breastfed for six or more weeks
▏ The proportion of children who were breastfed at all (not necessarily exclusively) for six weeks or more was unchanged at 42 per cent between Birth Cohort 1, born in 2004-05, and Birth Cohort 2 in 2010-11. After controlling for socio-demographic factors, the rate was actually found to be lower in BC2
THIS SUGGESTS that the act has not caused the hoped-for increase in breastfeeding, although it does protect those women who do breastfeed in public from discrimination
FACT CHECK: FAMILY LAW (SCOTLAND) ACT 2006
One of the aims of this act was to widen the opportunity for unmarried fathers to be involved in the lives of their children. Has it brought equality for fathers?
BACKGROUND: ▏ Described by the Scottish Parliament’s Justice Committee as "probably the most significant legislation on family law that the current Scottish Parliament has agreed", as well as updating laws regarding divorce and cohabitation, the Family Law (Scotland) Act 2006 allowed fathers who were not married to the mother at the time of the birth to gain parental rights and responsibilities by being named on the birth certificate
TODAY: ▏ As part of its post-legislative scrutiny, the Scottish Parliament’s Justice Committee reviewed parts of this act in the last parliament. The committee found that while the act has been welcomed, it has not resolved the debate over the extent to which the law should recognise the shared parental responsibilities and rights of unmarried fathers
▏ Some stakeholders considered that the law continues to be discriminatory against unmarried fathers, with the mother able to decide whether or not to name the father
▏ Some also suggested the current system promotes conflict and noted that although children are meant to be consulted, in practice this is not facilitated well
▏ The committee concluded that the debate is an important one and recommended it be continued in the next parliamentary session. It also noted that some witnesses felt it was time for a wholesale review of family law, since the the main legislation is over 20 years old, to be “focused as much on how the law is applied, and the mechanism used to resolve disputes, as on what the law says”
THIS SUGGESTS that more discussion needs to be had about shared parental responsibilies for unmarried fathers, as well as how best to implement legislation so it takes account of children's needs and wishes
23 May 2016
www.holyrood.com 25
WE MUST TACKLE NEGLECT
▏ Congratulations Holyrood on the birth of your baby girl, Kirsty! She’s beautiful – is she sleeping well? It is tough being a parent and the fi rst few months of a baby’s life are critical. So, let’s hope Kirsty has extended family nearby to lend a hand, give advice and babysit to give Kirsty’s parents a much needed break. As 2016 is the year of the dad, let’s hope Kirsty’s dad represents the best of dads, being a good role model for his daughter. Let’s hope Kirsty’s health visitor represents the best of Scottish Health visiting, giving mum and dad advice, encouragement and reassurance. Let’s hope there is a local parenting group, so Kirsty’s par- ents can relax and share experiences. Despite all our hopes for Kirsty, the reality is that some children are not brought up in safe and caring families. It doesn’t matter that she was born in 2016; it doesn’t matter that she was born in a rich country. Kirsty was born in Scotland and because she was born in a disadvantaged area, Kirsty is at a greater risk of experiencing neglect. No one wants Kirsty, or indeed any of our children to grow up in household where they are cold, hungry, unloved, tired, ignored, hurt or scared. We all want Kirsty to grow up safe, well, loved, confi dent, able and happy. And we want Kirsty to bring up her children in the same way.
As social workers we believe that the new Scottish Government must widen the focus of their policy ambition to tackle the issues which are prevalent in the lives of children who are neglected including poverty, inequality, the impact of alcohol, drugs, mental illness and domestic violence.
The impact of neglect is devastating, but it is preventable. We want the new Scottish Government to make child neglect their top priority.
Elaine Torrance President, Social Work Scotland
4th Floor, Hayweight House 23 Lauriston Street Edinburgh, EH3 9DQ
Tel: 0131 281 0853
www.socialworkscotland.org
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