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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 18 September 2025
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Displaying 1392 contributions

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Social Justice and Social Security Committee

Carer’s Allowance Supplement (Scotland) Bill: Stage 2

Meeting date: 30 September 2021

Ben Macpherson

I appreciate Mr Balfour’s point in lodging the amendment, but it is not required.

The Scottish Commission on Social Security plays an important role in providing detailed scrutiny of draft social security regulations on which the advice of experts in social security is required. However, any decision to increase the amount of an existing benefit must be made in the context of the wider financial and non-financial support that is provided to the people who are entitled to the benefit and within the wider fiscal context and limits of our budget. Those decisions are best suited to the Parliament.

As the changes that can be made under any regulations that are laid under the new power that we seek to introduce are limited to increasing the level of the supplement for a specific period or periods, we do not consider that further scrutiny by the Scottish Commission on Social Security is necessary or appropriate. The application of the affirmative procedure in section 2 will allow members adequate opportunity to consider any regulations in draft form. I note that the Delegated Powers and Law Reform Committee’s stage 1 report on the bill supported that position.

Considering all those points, I do not support the amendment and urge Mr Balfour not to press it. If he does, I urge the committee not to support it.

Social Justice and Social Security Committee

Carer’s Allowance Supplement (Scotland) Bill: Stage 2

Meeting date: 30 September 2021

Ben Macpherson

As I said, we have recently published evaluations on the carers allowance supplement and the young carer grant, and we will continue to do that as appropriate and in due course. However, the obligations that the amendments would place on us would take resources away from our development of Scottish carers assistance and the on-going work to consider improvements to the young carer grant, which is where our focus should be.

To respond directly to Miles Briggs, I note that, if the amendments are not agreed to, there is no intention to bring them back at stage 3, but I can commit to continuing to explore options outside the bill. I have talked about what we have done in terms of evaluation in recent times.

I am grateful to Maggie Chapman for the discussions that I have had with her in recent days, and for not moving amendment 4. As Jeremy Balfour has moved it, I will say that, although I am grateful for the debate that we have had, I urge members to reject all the amendments on reporting requirements, because they would detract from our work on developing the new Scottish carers assistance.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

I have already mentioned the 100 co-location venues, full accessibility and a presence in all health boards, and the combination of utilising those venues, being present in those health boards and the collaboration that will arise means that support will be available to people, no matter their geographical location in Scotland.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

On your last question, the answer is yes. I will bring in Colin Armstrong to speak about the procurement process. The procurement process was undertaken twice—once in 2019-20, when an award was not made because of the pandemic, and then again more recently. Throughout the process, Scottish Government officials engaged with current providers to give them all the awareness and information that they would need if they wanted to, for example, make a collective bid. However, that was not undertaken.

I will let Colin Armstrong come in on that.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

Thanks, Colin. I will say a bit more. Consortium bids were welcome, but were not made. Two organisations with a presence in Scotland—Citizens Advice Scotland and Money Matters—made applications but, through the regulated procurement process and following an assessment under the appropriate law and criteria, VoiceAbility was assessed to have made the strongest bid and therefore was awarded the contract, as is appropriate.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

We cannot speak on behalf of the City of Edinburgh Council when it comes to the choices that it will make—

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

That is absolutely the focus of the amending regulations. If the committee agrees to recommend approval of the instrument, the amended advocacy service standards will ensure that the quality of advocacy is appropriate and regulated, and that its independence is absolutely assured. That has been the case with the interim service, too.

When we considered the Social Security (Scotland) Bill in 2018, there was a determination and commitment to ensure that independent advocacy was available, and we are now delivering that. The advocacy will not be provided directly by anyone who works for the Scottish ministers, including staff of Social Security Scotland; it will be provided by people working for another organisation, VoiceAbility. The advocacy workers will support social security advocacy rights and needs, and they will work for and on behalf of the individual in a way that is as free from conflicts of interest as possible. That is all set out in the service standards.

It is important to emphasise that, under the terms of the award, VoiceAbility will deliver only advocacy and not advice. It is specifically contracted to deliver the advocacy commitments in the 2018 act, and to be there for clients when they need it.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

The point about the difference between advocacy and advice is well made. Advocacy involves the provision of support that helps someone to express their rights, views and wishes and what they want to achieve, whereas advice involves imparting guidance or recommendations to someone with regard to a future action or decision. The focus of VoiceAbility’s service will be on advocacy when it comes to social security benefits that are delivered by Social Security Scotland.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 30 September 2021

Ben Macpherson

I hope that today’s discussion has been helpful and that it is clear that the new service, along with the regulations under consideration, is another step towards delivering a social security system that works for people and which has fairness, dignity and respect at its heart.

I move,

That the Social Justice and Social Security Committee recommends that the Social Security (Advocacy Service Standards) (Scotland) Amendment Regulations 2021 [draft] be approved.

Motion agreed to.

Social Justice and Social Security Committee

Carer’s Allowance Supplement (Scotland) Bill: Stage 2

Meeting date: 30 September 2021

Ben Macpherson

There is more that we need to consider and do for carers, as we look to bring in Scottish carers assistance, but we also have to work within the fixed budget of the Scottish Parliament. It is important to consider the fact that, in order to deliver that, we are working within a budget that was set in the spring.