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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 21 April 2025
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Displaying 1198 contributions

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Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

Good morning, panel, and thank you all very much for coming. I really appreciate your taking the time to give evidence today.

Advocacy was one of the key areas when we discussed the Scottish Government bill that led to the 2018 act. Indeed, it was one of the things that we were keen to provide for people in Scotland, and I am grateful for the work that you have done on it so far. Obviously it is still early days, but can you tell us how many people you have supported so far?

I do not know whether Jonathan Senker or Emily Johnston will want to take that one. You can fight it out among yourselves.

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

How do people find out about your service? Is it via Social Security Scotland or through your website? If I have to make a new claim for the adult disability payment, for example, how do I find out that your organisation can offer this service to me?

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

I will come back in later, as I have questions on recruitment, convener, but I will wait until the next theme and rest there.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Jeremy Balfour

Good morning. Amendments 137 and 138 simply seek to clarify a particular situation. Last week, the cabinet secretary and a number of members told us that the changes proposed in the bill do not affect what happens with regard to the European convention on human rights. As I have said, the amendments seek to clarify that and provide a way forward if the bill becomes an act.

As we will all be aware, article 9 of the ECHR covers all protected characteristics, and amendment 137 simply states what has previously been stated, which is that nothing will change in that regard. I hope that the cabinet secretary can give some clarification on that.

Amendment 138 seeks to look forward to any regulations that will flow from the bill becoming an act by making it clear that there is no contradiction between article 9 of the ECHR and any regulations that are laid before Parliament. It seeks to provide that if regulations are laid that affect article 9, the affirmative procedure will be used to ensure that the committee and the Parliament can scrutinise them.

I hope that the cabinet secretary will be able to clarify whether these amendments are necessary—they are simply to bring clarification, rather than changing anything specific.

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

Some of this has been explored, but I want to cover two areas that were brought up in the earlier evidence session today. If the bill is passed by Parliament, you then intend to carry out a co-design process on the regulations and guidance that come out of the bill. Do you and your officials have a timeline in mind for the consultation, drawing up the regulations and introducing them in Parliament for scrutiny?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

With respect, minister, the timeline is your decision, because it will start when the Scottish Government lays the regulations in Parliament. It is not for this committee to scrutinise anything until you have brought it forward, so you are the person who ultimately starts the process. You might not decide how long it will take, but you will fire the starting gun, if I can put it that way. Have you considered that?

The other issue is that the final decision on the content of the regulations that Parliament will scrutinise will be yours. Co-design can take us so far but, ultimately, the decision on what will be put before Parliament will be yours.

For all members, irrespective of their parties, one frustration about scrutinising so many sets of regulations is that we cannot amend them: we have to say either yes or no to them all. As well as engaging with stakeholders, how much engagement on the regulations do you see happening with members of the Scottish Parliament? Will the regulations come to the committee as drafts before you lay them, or will they simply come to us and that will be it?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

Thank you, minister.

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

I want to go back to how co-design works in practice, which Chris Gehrke and others have talked about. Do you expect that there will be a consultation document that everyone will respond to, after which the Scottish Government will go away and do whatever it wants, or do you think that there could be a much more interactive way of doing it? How would that work in practice?

I will start with Chris Gehrke, because he is not from the central belt. Chris, could you tell us how you envisage things working in your geographical area, so that there is a process of input and testing? Do you know what the timescale will be for how long it will take to get to the point at which the Government is ready to introduce regulations?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

Frank McKillop, how do you see your members engaging, rather than just coming to spend a couple of hours and then walking away? How do we make the process more fluid?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

I am conscious of time, so I will ask a question and see whether I can get a yes, no or do not know answer.

I do not think that the charter would give any new rights. It would clarify the rights that people have, but would not have any legal authority and could not be challenged by an individual or organisation. Should the charter have legal standing so that judicial review can take place, if that is appropriate?