Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 14, 2021

Official Report 590KB pdf

Instruments subject to Affirmative Procedure

Agenda item 4 is consideration of affirmative instruments.

Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 [Draft]

An issue has been raised on the draft regulations, which are made as part of a wider legislative framework for the administration of social security assistance in Scotland provided for by the Social Security (Scotland) Act 2018. Section 97(9) of that act includes a requirement on Scottish ministers at the time of laying the instrument to lay a response to the Scottish Commission on Social Security’s report on the proposals for the regulations or a statement explaining why ministers consider it appropriate to lay the draft instrument before the commission has submitted its report on the proposals for the regulations.

One set of amendments in this instrument was not reported on by the commission prior to the instrument being laid. A statement under section 97(9)(b) of the 2018 act was sent to the Social Justice and Social Security Committee on 1 December but the statement was not laid until 3 December. In a written response to a question from the committee, which can be found in the public papers for this meeting, the Scottish Government has apologised for that administrative oversight.

Does the committee agree to report the instrument on the general reporting ground in respect of a failure to lay the necessary statement when laying the draft instrument on 29 November 2021 as required under section 97(9)(b) of the 2018 act?

Although the committee might wish to welcome the Scottish Government’s apology for the administrative oversight and to acknowledge that it related only to one set of minor technical amendments and was corrected within four days, it was still a clear breach of the laying requirements. Does the committee also wish to write to the Minister for Parliamentary Business, highlighting its desire for all instruments to be laid correctly?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Also under this agenda item is another set of draft regulations, on which no points have been raised.

Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 [Draft]

Is the committee content with the draft regulations?

No member has indicated that they are not content or that they wish to speak, so we are agreed.