Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill
Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill
The Bill as introduced aims to improve opportunities for disabled children and young people as they grow up. This Bill considers children to be under 18 and young people to be between 18 and 26.
The Bill as introduced aims to improve opportunities for disabled children and young people as they grow up. This Bill considers children to be under 18 and young people to be between 18 and 26.
Pam Duncan-Glancy MSP introduced the Bill because she thinks disabled children and young people need extra support to help them transition to adulthood. This will help them have the same opportunities as other children and young people.
The Bill would require:
the Scottish Government to have a strategy explaining how they are going to improve opportunities for disabled children and young people
a Scottish Government minister to be in charge of improving opportunities for disabled children and young people moving into adulthood
local authorities to have plans for each disabled child and young person as they move into adulthood
Johann Lamont introduced this Bill in Session 5, however the Parliament was not able to complete its consideration before session 5 ended and so could not come to a decision on whether or not to pass the Bill. This meant that the Bill fell.
Because of the short amount of time between the scrutiny of the Session 5 Bill and the introduction of the Session 6 Bill, the Education, Children and Young People Committee has agreed to consider the evidence received in Session 5 as part of its scrutiny.
Why the Bill was created
Pam Duncan-Glancy MSP thinks there is not enough support for disabled children and young people when they transition to adulthood.
The Bill aims to make sure that there are structures in place to support disabled children and young people at that time in their lives.
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Financial Resolution
The Presiding Officer has decided Rule 9.12 under of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.
If a Bill requires a Financial Resolution:
only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.
Research on the Bill
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
Evidence to previous committee
In Session 5, the Education and Skills Committee took evidence for an earlier Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill. This Bill fell at the end of the session.
Evidence submitted for that Bill has been considered by the Education, Children and Young People Committee as part of its scrutiny of the Bill reintroduced in Session 6.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
Call for views (closed)
The Committee gathered views on the proposals in this Bill in four ways.
The surveys and consultations closed on 27 October 2022.
In January and February 2023 the Committee held informal private engagement sessions with with Divergent Influencers who have been through the transition from child to adult services; and parents and carers whose children have been through the process and a visit to Buchannan High School in Coatbridge, meeting senior school pupils who will soon be leaving school; and the some of the transitions team who are supporting them, including teachers, social workers and the Home Link Education Officer. Links to the anonymised notes for these sessions and the visit are listed below.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Motion title: Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill
Text of motion: That the Parliament agrees to the general principles of the Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill.
Submitted by: Pam Duncan-Glancy
Date lodged: Tuesday, 21 November 2023
Motion reference: S6M-11381
Current status: Taken in the Chamber on Thursday, 23 November 2023
Result19 for, 90 against, 0 abstained, 20 did not voteVote Defeated
Parliament did not agree the general principles of the Bill
The Bill ended Stage 1 on 23 November 2023
Bill falls
The Bill fell at Stage 1 on 23 November 2023.
If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it ‘falls’.
Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.