Seòmar agus comataidhean

Thank you, convener, and good morning to you and fellow members. Thank you for the opportunity to speak to the committee about the draft Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023.

The regulations have been introduced to deliver changes to legal aid regulations, and primarily to ensure continuing access to justice for vulnerable people in our society. My first point is that they will do that by supporting the response to the cost of living crisis through enabling the Scottish Legal Aid Board to disregard for means assessment additional state benefit payments that have been made in recognition of the increased economic hardship that is currently being suffered by households that are reliant on social security support. If the regulations are not approved, the Scottish Legal Aid Board will be unable to disregard such payments across all aid types. That will mean that, for example, additional money that is paid to recipients of disability benefits could form part of an assessment, should publicly funded legal assistance be sought.

Secondly, the regulations will enable the Scottish Legal Aid Board to disregard for means assessments compensatory awards made by the state arising from a person receiving contaminated blood or blood products from the national health service prior to September 1991. Again, those payments by the state, which recognise a wrong against a person, can be disregarded for all types of legal aid only if the regulations are approved.

Finally, the regulations will also extend the provision of a type of legal aid that is known as assistance by way of representation—ABWOR—so that it may be available to siblings of a child who is subject to children’s hearings proceedings and who either have or are seeking rights to participate in those proceedings. Under the current legislation, ABWOR provision is available only to a child who is subject to the proceedings, relevant persons or a person seeking to be deemed a relevant person in relation to that child.

The availability of ABWOR to siblings will not be means tested and subject to an effective participation test that is approved by the Scottish Legal Aid Board. That recognises that, although the role of siblings in the children’s hearings system is important, it is limited, and other procedural safeguards are in place that can facilitate regard being had to their views.

That is a brief overview of the regulations and their context. I am happy to answer any questions.

I have a small comment about an issue that we must recognise is significant—the expansion with regard to kinship care. The committee has heard directly from the fantastic people across Scotland who deliver such care. The regulations seek to make their lives, and the lives of the children they look after, that much better.

I invite the minister to sum up the debate and to respond to the points that have been made.

We move to agenda item 2, which is formal consideration of motion S6M-05966, which calls on the committee to recommend approval of the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022. I remind everybody that only the minister and members may speak during the debate. I invite the minister to speak to and move the motion.

The committee will report on the outcome of its consideration of the regulations in due course. I invite the committee to delegate authority to me, as convener, to approve a draft of the report for publication. Is that agreed?

Members indicated agreement.

I thank the minister and his officials for joining us, despite Covid, to ensure that we can get the regulations in front of Parliament as soon as possible.

The committee will now move into private session to consider its draft pre-budget scrutiny 2023-24 report.

Thank you both very much for explaining that to us.

Our final questions are from Foysol Choudhury, who joins us remotely.

We will now do the formal part. The question is, that motion S6M-05966, in the name of Ben Macpherson, be agreed to.

Motion agreed to,

That the Social Justice and Social Security Committee recommends that the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 [draft] be approved.

I have a couple of questions about changes to the linking period. Did issues arise about how it was working in practice that made those changes necessary? In what circumstances would there be a long delay between a client losing entitlement and Social Security Scotland deciding to stop the Scottish child payment?

Thank you, minister. We will move on to questions from Emma Roddick, to be followed by Pam Duncan-Glancy.