Education and Skills Committee

Meeting date: Wednesday, September 14, 2016

Official Report 627KB pdf

Subordinate Legislation

Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Revocation Order 2016 [Draft]

Item 2 is evidence on the order. I welcome John Swinney, the Cabinet Secretary for Education and Skills, and Government officials Hannah Keates, who is from the better life chances unit, and Elizabeth Blair, who is from the food, children, education, health and social care solicitors.

Good morning. I invite the cabinet secretary to make opening comments.

The primary purpose of the revocation order is to revoke the Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016, which Parliament considered in the previous session. The original order was made under the powers in sections 30 and 43 of the Children and Young People (Scotland) Act 2014. Those sections specify that the Scottish ministers may by order make provision about the making, consideration and determination of complaints that concern the exercise of functions that are conferred by or under parts 4 and 5 of the 2014 act. As parts 4 and 5 had been intended to be commenced on 31 August this year, the order set out the complaints process in relation to the named person service and the child’s plan that would commence with the other provisions in those parts.

On 28 July, the Supreme Court ruled that the information-sharing provisions in part 4 of the 2014 act were incompatible with article 8 of the European convention on human rights and that changes were needed to make those provisions compatible with the article. That decision was given during the parliamentary recess, but it required urgent action. As a result, I wrote to the Parliament—and to the convener—to set out my intention to suspend commencement and introduce the necessary commencement partial revocation order for parts 4 and 5 of the act as a whole. As a result, those parts of the act did not commence on 31 August.

As parts 4 and 5 did not commence, it is necessary to revoke the complaints order. It is clear that the complaints process cannot be put in place when the duties under those parts of the act have not been commenced.

No consultation has taken place on the revocation order and no additional financial implications arise from it. I am happy to answer any questions.

Members have no questions, so we will move to item 3, which is the formal debate on motion S5M-01327, which is in the cabinet secretary’s name. I remind everyone that officials are not permitted to contribute to the formal debate.

Motion moved,

That the Education and Skills Committee recommends that the Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Revocation Order 2016 [draft] be approved.—[John Swinney]

Motion agreed to.

The committee must report to Parliament on the order. Are members content for me as convener to sign off a short and factual report?

Members indicated agreement.

Named Persons (Training, Qualifications, Experience and Position) and the Child’s Plan (Scotland) Revocation Order 2016 (SSI 2016/234)

Item 4 is consideration of a negative instrument that will come into force unless Parliament agrees to a motion to annul it. No motion to annul has been lodged. Do members have any comments on the order? There are no comments.