A LIBDEM bid to double the age of criminal responsibility in Scotland to 16 has failed.
MSP Alex Cole-Hamilton tried to change the law in Holyrood’s equalities committee this morning.
However his series of amendments were defeated 5-2 by SNP and Tory MSPs.
The current age of criminal responsibility in Scotland is the lowest in Europe, at eight.
The Scottish Government is proposing to raise the age to 12, aligning it with the minimum age at which a child can face a criminal prosecution.
However child welfare experts, including Scotland’s Commissioner for Children and Young People, have said the minimum age for both should be at least 14, and ideally 16.
Edinburgh Western MSP Alex Cole-Hamilton tabled a series of amendments at Stage 2 of the Age of Criminal Responsibility (Scotland) Bill to change the age to 14 or 16.
But they were outvoted this morning, with only Labour MSP Mary Fee supporting him.
A Tory amendment to give Scotland’s top prosecutor, the Lord Advocate, discretion to become involved in “exceptional cases” of children below 12 was also defeated 5-2.
Mr Cole-Hamilton said: “Unamended, this Bill is an embarrassment... I will only vote for this Bill because the current age of criminal responsibility in Scotland is, quite frankly, medieval.”
He said only 11 cases against 12 and 13-year-olds were taken to court last year, shooting down the government's case that an age over 12 would cause a capacity issue.
He also attacked the SNP for suggesting the children’s hearing system, which handles the vast majority of crimes involving under-16s, was sufficient to meet international standards.
"When it comes to the international minimum, we don't get a pass," he told MSPs.
Minister for Children and Young People Maree Todd said she had “significant concerns” about raise the age past 12, highlighting worries about the readiness to deal with further increases, which she said would require additional primary legislation.
She said: "I think that by setting arbitrary time limits there is a risk we rush this and fail to address all the matters that need to be considered. We need to take the time to get it right."
Later, Mr Cole-Hamilton said the government was “firmly on the wrong side of history and human rights”, and appeared terrified of losing favour with voters.
He said: “The Minister is still pretending this bill is worth celebrating but the sombre mood of the Committee says otherwise. The SNP should never speak of this bill with pride.
“Refusing the meet international recommendations sets back our ability to act as a children’s rights leader on the world stage. Scotland cannot lean on some sense of self-perceived exceptionalism. We cannot lead the world from the back of the pack.”
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