Chamber and committees

The concordat between the Scottish Government and COSLA sets out the terms of a new relationship based on mutual respect and partnership. It will be for community planning partners, through the single outcome agreement (SOA) process, to plan and deliver improved outcomes at the local level.

The Scottish Government therefore currently has no plans to make the provision of play facilities a statutory requirement.

In evidence to the RSSB Committee, the SPCB has also drawn attention to the UN Committee on the Rights of the Child General Comment No2 (2002) which post dates the Paris Principles and which states:

6.  Where resources are limited, consideration must be given to ensuring that the available resources are used most effectively for the promotion and protection of everyone''s human rights, including children''s, and in this context development of a broad-based NHRI (national human rights institution) that includes a specific focus on children is likely to constitute the best approach. A broad-based NHRI should include within its structure either an identifiable commissioner specifically responsible for children''s rights, or a specific section or division responsible for children''s rights.

The SPCB considers that the proposal it has submitted to the RSSB Committee for a Rights Body is consistent with this approach. The SPCB has maintained in its evidence that the proposal it has put forward for a Rights Body could strengthen the advocacy role for children''s human rights by combining work related specifically to children with other more general human rights work which should provide for a more holistic approach to human rights.

A Complaints Handling and Standards Body comprising the functions of the existing Scottish Public Services Ombudsman, Scottish Parliamentary Standards Commissioner, Standards Commission for Scotland (including Chief Investigating Officer) and the Commissioner for Public Appointments in Scotland. 

A Rights Body comprising the functions of the existing Scottish Human Rights Commission and the commissioner for Children and Young People in Scotland.

An Information Body comprising the functions of the existing Scottish Information Commissioner.

The above options were submitted to the RSSB Committee as part of the SPCB evidence. 

Other options considered were:

A Complaints Handling Body comprising the functions of the existing Scottish Public Services Ombudsman.

A Complaints Handling Body comprising the functions of the existing Scottish Public Services Ombudsman, Scottish Parliamentary Standards Commissioner and the Chief Investigating Officer.

A universal Complaints and Standards of Conduct Body comprising the functions of the existing Scottish Public Services Ombudsman, Scottish Information Commissioner, Scottish Parliamentary Standards Commissioner, Standards Commission for Scotland (including Chief Investigating Officer) and the Commissioner for Public Appointments in Scotland. 

A Standards Body comprising the Scottish Parliamentary Standards Commissioner, Standards Commission for Scotland (including Chief Investigating Officer) and the Commissioner for Public Appointments in Scotland. 

A Standards Body comprising the functions of the existing Scottish Information Commissioner, Standards Commission for Scotland and the Commissioner for Public Appointments in Scotland.

A Standards Body comprising the functions of the existing Scottish Information Commissioner, Standards Commission for Scotland, the Commissioner for Public Appointments in Scotland, Scottish Human Rights Commission and the Commissioner for Children and Young People in Scotland.

The SPCB was also aware that the Government, as part of the public services reform agenda, was considering giving the Scottish Public Services Ombudsman additional complaints handling functions which would also have formed part of the above options.

The motivation for the SPCB proposal for a single Rights Body is to simplify the landscape, encourage a cross fertilisation of ideas, provide better value for money in areas such as accommodation, and provide opportunities, in the future, for other specialist areas to be incorporated within the body without setting up new officeholders. The proposal has been submitted in the knowledge that it is a matter for the RSSB Committee to make recommendations to the Parliament based on its consideration of the submissions put forward by the SPCB and others.

The SPCB submitted its proposals based on its experiences of dealing with the SPCB supported bodies since the establishment of each of the offices.  The SPCB was aware that each of the officeholders would themselves give evidence to the committee.

The RMA''s were created under section 68A of the Housing (Scotland) Act 2001 through the direction of Scottish ministers. In accordance with the original direction, a review is being carried out. The Minister for Communities and Sport asked the Scottish Housing Regulator (the Regulator) to carry out the review and, in January 2009, the Regulator issued a consultation paper setting out the proposed terms of its review of directions under the above act.

GHA, the LHOs and other interested parties were asked to provide feedback on the Regulator''s proposals by 27 February. Feedback is currently being considered by the Regulator and a finalised paper will be issued by the end of March.

Management-Only RSLs

The Housing (Scotland) Act 2001 sets out the powers available to ministers in regulating and inspecting registered social landlords and local authorities in their housing and homelessness functions. But we recognise that these powers must be exercised at arms length from Ministers. So, as a matter of policy, we have set up The Scottish Housing Regulator to exercise these powers in a fair and impartial way, free from any inappropriate influence. (Foreword by the Cabinet Secretary).

The code then goes on to set out ministers'' expectations about the way that the Scottish Housing Regulator will exercise the powers contained within the 2001 act.

As a government agency, the Scottish Housing Regulator has complete operational independence. But it remains accountable to Scottish ministers, and through them to the Scottish Parliament for the standard of its work.

Consultation on the forthcoming Housing Bill is planned and that will offer all an opportunity to comment debate and discuss the future of regulation.

In accordance with the original direction, a review is being carried out. The Minister for Communities and Sport asked the Scottish Housing Regulator (the Regulator) to carry out the review and, in January 2009, the regulator issued a consultation paper setting out the proposed terms of its review of directions under Section 68A of the Housing (Scotland) Act 2001.

Glasgow Housing Association (GHA), the local housing associations (LHOs) and other interested parties were asked to provide feedback on the Regulator''s proposals by 27 February 2009. Feedback is currently being considered by the Regulator and a finalised paper will be issued by the end of March.

Management-Only LHOs

CCHA LHOs