Official Report 341KB pdf
The purpose of agenda item 7 is for the committee to consider the delegated powers in the bill at stage 1. Members have seen the briefing paper that outlines suggested questions. The committee is invited to consider its approach and agree the issues that it wishes to raise in written correspondence with the Scottish Government. A letter setting out those issues and the questions that they precipitate will be published on the committee’s web page later on today.
The committee may wish to seek clarity on the purpose of the power under section 32, which relates to the interpretation of part 4 of the bill. The committee may wish to seek further information from the Scottish Government on the powers under sections 32(2) and 37(5), which relate to a child’s plan. In particular, the committee may wish to seek further information in relation to the accuracy and sufficiency of reasons provided in the delegated powers memorandum and the clarity of the power under section 32(2), and on the choice of procedure as regards both powers.
The committee may wish to seek further explanation of the choice of procedure applied to the powers under section 43(2)(c)(ii), which concerns the provision of early learning and childcare, section 61(3), which relates to eligibility for counselling services for parents and others, and section 64(4), which pertains to assistance in relation to kinship care orders.
Before we consider those points, I have an issue in relation to paragraph 83 on page 15 of the briefing paper, which is on the management of a child’s plan. My concern is about the breadth of the power and the use of the negative procedure. I would be grateful if the committee could ask the Government for an explanation as to why it is using that specific power, given the breadth and scope of what is being talked about.
Thank you. I think that I have just covered that point because I think that you are referring to section 37(5).
I may well be, yes.
I just suggested that we should address that section.
Okay, sorry. I just wanted to make sure that that point was raised.
That is fine.
The committee may wish to seek clarity on the choice of procedure and the overlap between the powers contained in section 78(b), which confers powers on the Scottish ministers to make separate ancillary provision, and section 79(2), which includes the power to make ancillary provision alongside provision for commencement.
Finally, the committee may wish to ask the Scottish Government whether it considers it appropriate that the guidance and directions that are provided for in sections 28(1), 29(1), 39(1), 40(1) and 74(3) should be published.
Based on what has been agreed today, the committee will write to the Scottish Government, setting out those questions. As previously mentioned, the letter will be published on the committee’s web page later today. The committee will consider a draft report on the basis of the responses at a later date.