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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 4 May 2021
  6. Current session: 13 May 2021 to 16 September 2025
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Displaying 2100 contributions

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Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 28 March 2024

Bob Doris

It is a bit of repetition, but I want to clarify a couple of things. In relation to the debate about whether redeterminations or appeals should be used, some witnesses have said that appeals sounded off-putting for some clients and that they wished to keep redeterminations. Other witnesses shared the views of Erica Young and Richard Gass. Are we overcomplicating things a little?

I think that Ms Young said that it does not matter what we call the process, as long as we de-risk it for the individual. An appeal could include a redetermination clause, which is what Mr Gass said. That would mean that it would move from an appeal and there would be nothing to prevent Social Security Scotland from doing an internal review or redetermination, anyway, in quick order, to see whether there was a glaring inaccuracy in the initial claim. I think that Ms Young called it the appeal-lapsing proposal.

Could we pursue Mr Gass’s idea whereby redetermination and appeal is one process? We would then just need to get the wording or phraseology of that right to ensure that the process is not off-putting for clients. There must be a way to square the circle.

10:45  

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 28 March 2024

Bob Doris

You nodded your head, Mr Gass, but the Official Report will not show that.

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 28 March 2024

Bob Doris

We can hear you fine, even though you have had your hand raised for quite a long time.

That is clear, Mr Gass. I had better move on to my line of questioning before I enrage the convener—

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

I have some specific questions, but I do not want to cut across Ms Grahame.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

If there is an opportunity, I will ask a question.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

Thank you. I formally apologise to everyone for being late to the committee because of family circumstances. I also apologise if there is a degree of duplication because I missed something. I hope that there is not.

I want to ask about exemptions. If I have understood it correctly, there are some exemptions in the statutory instrument. If someone passes away, a certificate of exemption can be transferred under certain circumstances, and there is still a rehoming exemption for puppies up to 31 July. Therefore, the Government has conceded that there are certain circumstances in which exemptions can be brought in.

The minister and I had a constructive meeting, even if it was not ultimately fruitful for me. I ask her to put on record why she believes that it is not possible to have an exemption for someone who moves house through no fault of their own to a place that is restrictive as to whether they can have any pet or any dog whatsoever. That is not even specific to XL bullies. That person cannot gift or transfer a certificate of exemption to another individual, which I think is pretty unfair. What is the Government’s position on that?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

Would that be both in the short term and the long term?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

Theoretically, if someone has their exemption certificate and has to give up their dog in October for whatever reason, through no fault of their own, they would not qualify for compensation as things stand, but the Government is perhaps open minded about reviewing that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

Although I wish that we were not in this position, minister, I think that you are confirming that, even if the Scottish Government’s policy was to have further exemptions, that would require primary legislation, so it would not be possible using the secondary legislation mechanism anyway.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 March 2024

Bob Doris

I imagine that, if a suitable legislative vehicle was going through the Parliament, there could be a relatively simple bolt-on to that, with provisions allowing exemptions to be reviewed under secondary legislation. If such a vehicle was to come through the Parliament, would the Scottish Government consider adopting that approach?