Meeting of the Parliament (Hybrid)

Meeting date: Wednesday, February 9, 2022

Official Report 981KB pdf

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Parliamentary Bureau Motions

The next item of business is consideration of 11 Parliamentary Bureau motions. I ask George Adam, on behalf of the Parliamentary Bureau, to move motions S6M-03145 to S6M-03150, on the approval of Scottish statutory instruments; motion S6M-03151, on committee meeting times; motions S6M-03152 and S6M-03153, on the designation of a lead committee; motion S6M-03154, on the suspension and variation of standing orders; and motion S6M-03155, on temporary amendments to standing orders.

Motions moved,

That the Parliament agrees that the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022 (SSI 2022/13) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 2) Regulations 2022 (SSI 2022/25) be approved.

That the Parliament agrees that the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2022 (SSI 2022/29) be approved.

That the Parliament agrees that the Disability Assistance for Working Age People (Scotland) Regulations 2022 [draft] be approved.

That the Parliament agrees that the Registers of Scotland (Digital Registration, etc.) Regulations 2022 [draft] be approved.

That the Parliament agrees that the Social Security Information-sharing (Scotland) Amendment Regulations 2022 [draft] be approved.

That the Parliament agrees that, under Rule 12.3.3B of Standing Orders, the Finance and Public Administration Committee can meet, if necessary, at the same time as a meeting of the Parliament between 12.45 pm and 2.30 pm on Thursday 24 February 2022.

That the Parliament agrees that the Social Justice and Social Security Committee be designated as the lead committee in consideration of the legislative consent memorandum in relation to the Nationality and Borders Bill (UK Legislation).

That the Parliament agrees that the Criminal Justice Committee be designated as the lead committee in consideration of the Fireworks and Pyrotechnic Articles (Scotland) Bill at stage 1.

That the Parliament agrees that, with effect from 11 February 2022, for the purposes of committee meetings up to 1 April 2022—

(a) in Rule 6.3A.1 after “member” the words “or members” be inserted;

(b) Rule 6.3A.2 be suspended;

(c) in Rule 6.3A.4 the first sentence be suspended;

(d) after Rule 6.3A.5(d) be inserted “(e) a political party withdraws in writing to the Bureau that nomination of the member or members nominated for the purposes of committee meetings up to 1 April 2022.”; and

(e) in Rule 12.1.15 the words “(other than a committee substitute)” be omitted in both instances where they occur.

That the Parliament agrees that, with effect from 11 February 2022, Temporary Standing Orders Rule 3 be amended—

(a) in paragraph 1 to delete “11 February 2022” and insert “1 April 2022, except to the extent determined by the Presiding Officer, having regard to relevant legislation and public health guidance. Such determinations shall be notified in the Business Bulletin”; and

(b) to delete paragraph 2.—[George Adam]

I call Pam Duncan-Glancy.

16:50  

I will not press motion S6M-013148 to a vote, but I want to put some comments on the record. The regulations that are in front of us today will not change some of the fundamental issues that exist with the current system of adult disability payment, such as who is eligible and how much people are eligible for. The regulations do not address problems with descriptors; they replicate the personal independence payment rules. Most disappointing of all, they miss an opportunity to properly address disabled people’s poverty.

Does the member agree that, if the disabled community had known six years ago where we would end up, it would, by and large, not have accepted that, and does she agree that the community will be deeply disappointed about where we have ended up?

I agree, and we heard as much in the Social Justice and Social Security Committee.

In 2017, in response to Scottish Labour’s call for assurances that the system would be ambitious and would not have the same effect as personal independence payments rules had, the then Minister for Social Security said:

“The Scottish Government does not intend to replicate UK Government legislation within our social security”.—[Written Answers, 17 March 2017; S5W-07672.]

Five years later, we are being asked to vote for underwhelming rules and to trust that something better is coming. Disabled people have already waited years on a promise on which the regulations do not deliver.

Does the member agree that, at this point in time, it is most important that we ensure safe case transfer for all people who are in receipt of disability living allowance and PIP, and that the right time for reassessment is during the independent review, after a year has passed?

I acknowledge that safe and secure transfer is, of course, crucial for disabled people, ensuring that they receive the money that they want. However, they were made promises in 2017 and it is now 2022. A considerable time has passed and the cost-of-living crisis is biting.

Therefore, despite our disappointment, Scottish Labour will vote for the regulations, but I would like the record to show that we are voting for them because disabled people have waited long enough, so they must proceed. The current PIP system is so appalling that we will not block an attempt to improve it. However, we will do all that we can to ensure that the promises that the Government made to disabled people will not be broken or delayed any longer.

16:52  

As always, I appreciate input from, and the contributions of, Pam Duncan-Glancy, Jeremy Balfour and other members on the adult disability payment regulations.

There are votes in Parliament that really make a difference for a lot of people, both now and in the future; this is one of them. The regulations will mark a significant milestone in the Scottish Government’s delivery of a new social security system that is robust, secure, ambitious and compassionate.

Adult disability payment will be the 12th benefit to be administered by Social Security Scotland, and it will be the organisation’s most complex undertaking to date. It will benefit all of our constituents if we support Social Security Scotland in that endeavour, given the difference that it will make in the communities that we represent.

The regulations will enable the Scottish Government to take a very different approach to delivering disability assistance, which has been developed around our principles of dignity, fairness and respect.

Given that the Scottish Parliament has not changed any of the criteria, does the minister agree that we might get a nicer “No” but it will still be a “No” and that that was not what the Parliament set out to do five years ago?

We need to be conscious of the fact that we have a hybrid social security system at the moment and that two important streams of work are taking place. The first is the introduction of new benefits and the second is the transfer of people to Social Security Scotland. While we do that, we need to ensure that we do not create a two-tier system and that we treat people with equality. That is part of the fairness principle, which the Scottish Parliament voted for in the bill that became the Social Security (Scotland) Act 2018.

We are making some changes to the eligibility criteria, and we are changing the way in which we deliver benefits. We are putting an end to the anxiety of private sector assessments. No undignified physical and mental examinations will take place, and we are removing the stressful cycle of unnecessary reassessments and the adversarial approach of the Department for Work and Pensions.

In contrast to what happens elsewhere in the UK, we are introducing a system that is rooted in trust and that is supported by the input of in-house health and social care practitioners. In our system, only one piece of information from a formal source will be sought to support the question on general care and mobility needs in a person’s application, and the onus will be on Social Security Scotland to collect that information.

Overall, the experience of applying for and receiving adult disability payment will be fundamentally different from the current DWP system. We are focused on making changes that will have the greatest positive impact on how people experience accessing support, while not risking safe and secure delivery.

I have announced an independent review of adult disability payment, which will be carried out in two stages. The initial stage will commence later this year, and we will consider the mobility criteria first. The full adult disability payment framework will be considered during the second stage, which will begin in the summer of 2023.

I am confident and determined that, from day 1, adult disability payment will deliver a new and much improved experience for disabled people and people with long-term health conditions.

Let us keep building a better social security system together for the people whom we represent and for the common good of Scotland.

I urge Parliament to support the regulations.

The questions on the motions will be put at decision time.

I am minded to take a motion without notice to bring forward decision time.

Motion moved,

That, under Rule 11.2.4 of Standing Orders, Decision Time on Wednesday 9 February be brought forward to 4.57 pm.—[George Adam]

Motion agreed to.