Health and Sport Committee

Meeting date: Tuesday, September 5, 2017

Official Report 496KB pdf

Subordinate Legislation

Carers (Scotland) Act 2016 (Prescribed Days) Regulations 2017 (SSI 2017/207)

Agenda item 2 is subordinate legislation. We have one Scottish statutory instrument that is subject to negative procedure to consider today. There has been no motion lodged to annul the instrument and the Delegated Powers and Law Reform Committee has not made any comments on it.

During our predecessor committee’s scrutiny of the Carers (Scotland) Bill, stakeholders raised concerns about the estimated costs set out in the financial memorandum. In response, the Scottish Government set up a finance-led group with key stakeholders, including the Convention of Scottish Local Authorities, carers organisations and others, to consider cost estimates. In its responses to the committee’s stage 1 report, the Scottish Government stated that it would write to the Health and Sport Committee and the Finance Committee, setting out the conclusions of the finance-led group. Do members agree that we should write to the Scottish Government and ask for the findings of the finance-led group?

Members indicated agreement.

The SSI requires local authorities to publish their eligibility criteria, however it is not clear whether that would be before or after the funding to them has been established. If it is after funding has been allocated, there could be concerns that rather than ensuring delivery of better and more consistent support for carers, the level of support provided to carers could be driven by the budget. Does the committee agree that we should also write to the Scottish Government to establish the timings for the criteria and budget setting for eligibility? The committee could also request information on the mechanism that will be used for distributing the funding.

Members indicated agreement.

Does the committee agree to defer a decision on whether it wishes to make a recommendation on the SSI until we receive further information from the Scottish Government? We do not have to make a decision on the instrument until 25 September.

Members indicated agreement.