Official Report 126KB pdf
Draft Instruments Subject <br />to Approval
Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2007 (draft)
I refer members to the legal brief, and I propose that we agree to put to the Executive the questions that are listed in the summary of recommendations.
We do not want to get into the situation where the pupils pay the charge, which is then paid back. I realise that that administrative solution might make the measures more competent—or at least let them sit more easily with the committee. However, if we can possibly avoid creating such administration and bureaucracy, we should. I am referring to paragraphs 19 and 20 of the legal brief which suggests payment and repayment as a way around the difficulty. That seems problematic, and we should avoid it if possible.
I back what Richard Simpson said. Levying a charge and then reimbursing it is not the same as giving free school meals. Apart from anything else, there could well be delays before the reimbursement of the charge that is levied. That would be a hindrance to pupils in families who are in poverty and who find it difficult to raise cash. Secondly, a "purely nominal charge" is still a charge. Even having read the legal brief, I think that there is no way other than through the draft order to allow for free school meals.
We will await the answers to our questions next week. That will be interesting.
I would say—without straying into the remit of the subject committee—that the question that we must ask is whether free school meals could be given by the local authority without the order. I would argue that they could not. If a charge is made, the meal is not free.
I am unclear about whether the legal advice implies that, given that there is an alternative route, there is an obligation to follow it. Is that the implication, or is the Executive perfectly able to pose another solution—notwithstanding that alternative route, which might be competent under the parent act?
All those points will become much clearer when we see the Executive's responses next week. The work on that lies before us next week, rather than today.
I am concerned that we are seeking a response to a question that I do not think needs to be put—although I might be in the minority on that. I do not think that there are any ways of allowing local authorities to give free school meals other than through the order. I do not think that charging pupils and then reimbursing them means free meals.
We have our legal advice before us.
The question is whether alternative methods were considered—we are not flagging up the particular methods. The Executive might come back to us and say, "This is the only way of doing it," which would be a valid response.
There is some likelihood that the Executive will say that.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2007 (draft)
The committee agreed to raise minor points on the instrument.
The minor points on the order will be raised with the Executive by the clerks, if I am right. They will not necessarily receive a response. It is more like giving the Executive a prod.
Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2007 (draft)<br />Licensing (Mandatory Conditions) (Scotland) Regulations 2007 (draft)
The committee agreed that no points arose on the instruments.
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