Education, Lifelong Learning and Culture Committee

Meeting date: Wednesday, March 9, 2011

Official Report 507KB pdf

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Subordinate Legislation

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Additional Support for Learning (Sources of Information) (Scotland) Amendment Order 2011 (SSI 2011/102)

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Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Amendment Regulations 2011 (SSI 2011/103)

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Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011 (SSI 2011/104)

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Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011 (SSI 2011/105)

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Individual Learning Account (Scotland) Regulations 2011 (SSI 2011/107)

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Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011 (SSI 2011/113)

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Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011 (SSI 2011/143)

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Adoptions with a Foreign Element (Scotland) Amendment Regulations 2011 (SSI 2011/159)

The committee will now consider its final batch of subordinate legislation for this parliamentary session. No motions to annul have been lodged on these eight negative instruments and I invite members’ comments.

I have some concerns about the Additional Support for Learning (Sources of Information) (Scotland) Amendment Order 2011, which lists the Scottish Child Law Centre as a body that can be a source of information for parents under the Education (Additional Support for Learning) (Scotland) Act 2009. First of all, I make it clear that I have nothing against the Scottish Child Law Centre or Barnardo’s Scotland, with which it works in partnership—both are fine organisations—but I have strong concerns about the awarding of the contract for the advocacy service under the 2009 act. Independent Special Education Advice (Scotland), which had provided the service for many years, did not get the contract; to date, I have found the whole process and the explanation given in that respect to be very unsatisfactory and I have pursued a number of questions on the matter.

I note that ISEA is not mentioned in the order either. It might be part of the Scottish independent advocacy alliance, but I do not think so. I just find it odd that ISEA is not on the list of bodies that can be a source of information, especially in view of the fact that over the past decade it has been the main source of support and one of the main sources of information for parents.

My final concern is about the two Government-funded information events for parents. Those free events will be held in Glasgow and Aberdeen but I note that no events are planned for the rest of the country. I realise that it is difficult to cover every part of the country but people in huge parts of the south and east of Scotland are also concerned about these matters. Are they expected to fund their own events? Why is there no support for them? The events, which are about the information available both to parents and to carers under the ASL legislation, are obviously very important.

I realise that this is the committee’s final meeting and do not particularly want to stop the order going through. However, could the committee make a formal comment or write to the Minister for Children and Early Years about my concerns? As I have said, I have asked parliamentary questions on these matters, but I want to note my concerns and raise the matter with the Government.

Are other committee members content for us to write to the minister with a copy of the Official Report, asking him to respond to the concerns that have been raised?

Members indicated agreement.

If members have no other questions to raise or points to make, I ask whether the committee has any objection to a single question being put on the instruments.

Members: No.

In that case, are members content to make no recommendation on these instruments?

Members indicated agreement.

I suspend the meeting for a short comfort break and to allow the Minister for Public Health and Sport to join us.

10:39 Meeting suspended.

10:50 On resuming—