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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 31 July 2025
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Displaying 885 contributions

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Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

We are committed to ensuring that our policies advance equality and human rights for all of Scotland’s people and that we embed that, as you say, across all the different portfolio areas. That is based on the principles of human rights budgeting, which are transparency, accountability and participation. As I mentioned earlier, continuing improvements in the publication of the equality and fairer Scotland budget statement alongside the budget is evidence of that.

The differential impact of budgetary decisions on protected characteristics, including sex, are considered as part of the budget process in line with our statutory duties. I mentioned that all statutory equality impact assessments are already considered under the PSED and I have given evidence on that before.

The short-life working group that Cat McMeeken referred to has been tasked with examining all legislation, policies and strategies. It is undertaking a thorough audit to understand where we will need to take action. As I said earlier, I can only reaffirm that we will be in a state of readiness once the EHRC has produced its guidance. As I said at previous committee meetings, I am working hard to mainstream everything so that it is everybody’s responsibility in every portfolio. I am also continuing with my one-to-one meetings with ministerial colleagues and cabinet secretaries and I do not doubt that that will form part of future discussions. We all take our responsibilities very seriously to make sure that there is a consistent and coherent response in the different portfolio areas.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

You are correct to point that out in light of the Supreme Court judgment, which was very clear. The Scottish Government has accepted it.

However, we must also be aware—I know that you are—that a lot of terminology uses both those terms. In my answer to Pam Gosal’s question, I was referring to quotas and representation. Of course, the Supreme Court ruled on that, because the case was about gender representation on public boards, so it specified that and I am mindful of it.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

We take the participation, accountability, non-discrimination and equality, empowerment and legality—PANEL—approach to policy making. We actively engage with communities across Scotland in the development and implementation of policies, and that reflection of diverse perspectives ensures that our policies are inclusive and effective. The publication of, and the continuing improvements that are being made to, the equality and fairer Scotland budget statement alongside the Scottish budget is evidence of that commitment—I think that I have mentioned that at previous appearances before the committee.

In line with our statutory duties, the differential impact of budgetary decisions on protected characteristics, including sex, are considered as part of the budget process. Of course, it is our statutory duty to produce a charter, which is subject to regular review, and a yearly report on performance as well. All statutory equality impacts are already considered under the public sector equality duty, which includes the requirement to pay due regard to the characteristic of sex.

10:30  

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Are you able to provide that information, Cat?

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Thank you for that really important question. We must remember that everything regarding social security benefits goes through robust equality impact assessments, which consider intersectionality across the board to ensure that we get the intended outcomes.

The Social Security (Scotland) Act 2018 established a legal duty on the Scottish Government to promote take-up of devolved entitlements. Unlike the UK Government, which does not have an equivalent strategy, the Scottish Government and Social Security Scotland have made clear commitments, in our benefit take-up strategy, to support access to social security. We try to ensure that there is as much uptake as possible, and we raise awareness of people’s entitlements. That includes initiatives such as access to independent advocacy, support for disabled people, co-location of Social Security Scotland local delivery services and community spaces and targeting the marketing of devolved payments to ensure that they are accessible and available to different communities in different locations, because we know that some people will have physical barriers to getting help.

Our disability benefits were designed with our clients. That includes the adult disability payment application process, which was designed with disabled people to ensure that it is as clear and straightforward as possible. For example, no assessments for the adult disability payment are carried out by a private sector provider. Instead, consultations are delivered by Social Security Scotland when required. The consultation is an objective discussion between the client and a practitioner, and it is based on trust. It does not include a formal dehumanising functional examination in that sense.

An independent review of the adult disability payment is under way, and the final report will be published in July 2025. The chair will make recommendations for improvements to ensure that benefits continue to meet the needs of disabled people, as set out in the principles of the Social Security (Scotland) Act 2018.

We also try to make the consultation as accessible and inclusive as possible. Social Security Scotland take a multichannel approach, which includes online availability, telephone calls, web chats and face-to-face meetings to ensure that those who choose not to or cannot use digital methods can access services.

I hope that that is helpful.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Forgive me, Ms McNair—I will just touch on the food bit of your previous question. I did not hear it the first time, and it went out of my head the second time, too.

With regard to food insecurity and ending the need for food banks—which I think we all want to work towards—in June 2023, the Scottish Government published “Cash-First: Towards Ending the Need for Food Banks in Scotland” to improve the response to the crisis and reduce the need for emergency food parcels. That plan takes a human rights-based approach to food insecurity, which includes the promotion of dignity, respect and choice, human rights funding and rights-based interventions.

The Scottish Government is taking forward nine actions over three years—from 2023 to 2026—to improve the response to the crisis and reduce the need for emergency food parcels. Should the committee or Ms McNair require further details on food insecurity, I would be happy to provide it.

Would you be okay to repeat the second question, Ms McNair? That would be helpful.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Thank you for repeating that.

Eradicating child poverty in Scotland is a national mission and the First Minister’s top priority for the Government. The Scottish Government has implemented a broad range of actions to achieve its interim and final child poverty targets, which are detailed through annual progress reports published for the periods 2018-19 and 2023-24. Over that time, the Scottish Government has introduced and delivered new social security payments, including five family payments to directly tackle child poverty. Those are the Scottish child payment, the best start foods payment and the three best start grants that are paid at key stages of a child’s life.

The Scottish Government has also taken action on the drivers of poverty reduction, including by nearly doubling the funding for the 1,140 hours of early learning and childcare for all three and four-year-olds and eligible two-year-olds. We have established devolved employability services, which supported almost 28,000 parents between April 2021 and September 2024. That included help for more than 19,000 parents through our targeted parental employability support, which was delivered under the no one left behind approach, and more than 8,500 parents through the fair start Scotland service.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

The equality, inclusion and human rights directorate has responsibility for overseeing the reporting on, and implementation of, the ICESCR, including cross-governmental co-ordination on that. A human rights treaty reporting, monitoring and implementation group provides co-ordination for all Scottish Government human rights treaty reporting activity, including a consistent and cross-cutting approach to the implementation of the treaty body recommendations.

An internal group of human rights bodies leads has also been co-ordinated to develop a consistent Scottish Government approach to treaty body recommendations. Alexandra Devoy can give you a more specific view of the timeline.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Absolutely. It is really useful that we are doing this. I would also open it up to other committees, because it covers a wide range of portfolios.

We are continuing to explore with stakeholders how the Scottish Government will respond publicly to the ICESCR recommendations; those conversations are taking place right now. However, I do not want to be sitting here saying that this is the most effective method of communication from our point of view. It is really important to hear from the people to whom we are accountable what the most effective way of achieving accountability is. Those conversations are taking place.

More widely, we are engaging with Scottish Parliament officials as well as stakeholder experts. We have talked about the digital tracker and we hope that it will drive implementation and improvement, scrutiny and accountability.

I would welcome more regular engagement with the committee on international human rights treaty reporting, monitoring and implementation. That can be done in many ways. I can come and speak directly to the committee, and the committee is welcome to write to me regularly for interim updates on such matters. I will welcome any other suggestions that the committee might wish to make. I would happily consider those.

We know that the committee’s role in monitoring is important. It takes a lead role, as the Parliament does, in supporting and overseeing the implementation of human rights. That has been formally recognised. Indeed, “Getting rights right: human rights and the Scottish Parliament”, which the committee published in 2018, sets out the role of the Parliament and its committee as a guarantor of human rights. I have the utmost respect for that.

The CESCR also noted the crucial role that the Parliament plays in advancing the concluding observations. I re-emphasise that I see the Scottish Parliament’s committees as playing a central role in monitoring and scrutinising the implementation of ICESCR, the concluding observations and other treaty body recommendations more widely.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Kaukab Stewart

Yes, I can give an overview, and then perhaps the convener will be minded to allow Alexandra Devoy to come in on that, as she has been working on the tool quite closely.

As I mentioned in my opening remarks, a design group has been convened that consists of stakeholders with expertise in human rights monitoring and implementation. In recognition of the crucial role that the Parliament plays in implementation and scrutiny, Scottish Parliament officials are members of the design group. The Scottish Government and delivery partners are working with a view to launching an initial product by March 2026, following engagement with stakeholders, but that is subject to the technical and functional specifications being deliverable.

One of the intended outcomes of the human rights tracker is to improve transparency by creating a tool that is open and publicly accessible. In turn, it will support civil society and the Scottish Parliament to monitor and interrogate processes and hold the Government to account in order to drive improvement and policy resilience.