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Chamber and committees

Education, Culture and Sport Committee, 19 Jan 2000

Meeting date: Wednesday, January 19, 2000


Contents


Children (Leaving Care) Bill

Item 3 concerns the Children (Leaving Care) Bill and the children's commissioner. Fiona McLeod first raised the matter. How do you see the committee taking the bill forward, Fiona?

Fiona McLeod:

The committee must have a role in this matter. I raised that point before last week's debate on children leaving care, during which the problems faced by such children were raised a number of times. Peter Peacock conceded that the matter needed further consideration—he was talking not about withdrawal of benefits from such children, but about how the system is monitored. This committee should consider whether benefits should ever be withdrawn from such a vulnerable group of people.

Gillian Baxendine has said that we could approach the Executive to take the matter further. More than once during the debate, the minister said that the majority of submissions to the consultation were in favour of withdrawing benefits. From my reading of the documents that I have seen, however, I think that the exact opposite is the case.

Clause 6 of the bill refers to Scotland as part of a whole package relating to England in Wales. What does the bill do? It takes benefits away from young folk here. The Executive has commissioned research on through care and after care in Scotland, and it will be at least two years before we see the results of that research. Why are we taking benefits from people now if we do not yet know whether it is appropriate to do so?

The Convener:

I appreciate what you are saying. During the debate, the minister said that there was no question of benefits being removed before a package was in place. Of course, we must establish whether that is the case. As you said, there are other provisions in place in England and we must find time to consider that. However, it will be difficult to timetable any more work, especially if we are to fit in the two previous items. I would like to put the Children (Leaving Care) Bill on the agenda, and I shall ask Gillian to comment on the timetable for that.

Nicola Sturgeon:

We may not need to timetable it now. The course of action suggested by Gillian Baxendine is probably the right one. We should ask for information on the background to the policy and how it is to be implemented. Last week, the minister said that a working party would be set up; we should ask for more details about that and about the timetable that is involved.

Fiona McLeod made a good point about the context. Only one clause of the bill applies to Scotland. We must find out whether the Executive plans to legislate for Scotland on the other aspects of the benefits system that are currently being dealt with in Westminster. It would be useful to start with a written submission, on the basis of which we can decide how to timetable our discussion on the matter.

Gillian, is this something that will be decided immediately, without our having time to consider it?

Gillian Baxendine:

No. The bill is still on second reading in the House of Lords. It has to complete its passage through the House of Lords and the House of Commons before it can be enacted.

Nicola Sturgeon:

There is another matter that we should ask the Executive to clear up. I asked a question during the debate, but was not entirely satisfied with the answer that I received. We must find out how closely the Scottish Executive is tied into the Westminster timetable on this bill. The matter may be reserved, but it has huge implications for devolved areas, so we need to know who is calling the shots.

That is a relevant point. We shall get that information and ask for a report on the matters that have been raised.

Karen Gillon:

I did not hear the debate last week. However, I notice that a ring-fenced budget is recommended for England. We must seek clarification about whether the budget would also be ring-fenced in Scotland. The last thing that we want is for the available money to be used up on other social work services, depriving the young people who need it most. We must also ask the minister what safeguards will be in place for those young people who are leaving care and who do not receive appropriate support.

Mr Stone:

Members will recall that it was suggested during the debate that social workers might not be up to it. My line is that that is not a reason for not offering support. However, it is a reason for examining how social work departments operate and whether they have the manpower resources that they need. I do not know whether that would lie at our hand under the definition of education, but it is something that we should not let go of. Perhaps we should encourage another committee—I am not sure which one—to consider that.

I take it that social work is covered by our remit, as we have responsibility for children.

If it is in Sam Galbraith's remit, it is in ours.

The Convener:

Members will have received copies of the minister's letter about the appointment of a children's commissioner. I am keen for the committee to look into the matter and to find out what information is available and whether there are people who could provide us with further information. If members agree, I shall add that to the committee's agenda.

Nicola Sturgeon:

I think that we should take that up. I am glad that Sam Galbraith is coming round to that way of thinking. I am sure that it has nothing to do with the fact that Tony Blair has recently come round to it, too. We should take up Sam Galbraith's offer of a memo outlining the options, which we can discuss when it is on the agenda. We should also designate a committee member as a reporter.

That is a good suggestion. Does everybody agree with it?

Members indicated agreement.

That is decided then.

Fiona McLeod:

Sam Galbraith also said that he thought that the committee should undertake an inquiry into consulting young people. Perhaps we should let him know that we are already doing that. He offers to prepare a memorandum on the children's commissioner. Could we also have a memorandum on what is happening in the children and young people's group of the Executive and on its ideas on consultation?

Yes.

I thank members for attending.

Meeting closed at 11:35.