Chamber and committees

Proposals for draft regulations are planned to be published for public consultation in spring 2015. The consultation will set out proposals for the operation of the regulations. The final decision on the enforcement of regulations, including any sanctions, would take into account responses received through the public consultation process.

Significant progress has been made to a tight timetable – this includes:

Formation of a project board, representing a range of partners. The first meeting took place in October 2014. The board’s role is to ensure the smooth operational transition of current Independent Living Fund (ILF) funding for existing Scottish ILF users and overseeing the delivery of new arrangements.

Capacity to facilitate a co-produced approach has been created in partnership with Self Directed Support Scotland.

Officials continue ongoing dialogue with the UK ILF and have negotiated an agreement with the Department for Work and Pensions to continue to use the existing bespoke ILF IT system.

The Social Care (Self-directed Support) (Scotland) Act 2013 came into force in April 2014, alongside the Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

Neither the Act nor the regulations specify a timeframe between a social care assessment being carried out and a social care budget being agreed.

This responsibility lies within each local authority and will be determined by each authority’s local self-directed support implementation plans.

The Scottish Government is aware that due to the number of social care assessments being carried out, the impact is resulting in delays in some local authority areas.

The Scottish Government, in partnership with organisations, is carrying out ongoing monitoring and evaluation during the first year of implementation of the self-directed support legislation.

As part of this monitoring, I have asked my officials to discuss this particular topic during local authority engagement visits.

Local authorities have a duty under the Social Work (Scotland) Act 1968 to assess a person’s community care needs and determine whether or not they are eligible for social care support.

If eligible, local authorities then have a duty under the Social Care (Self-directed support) (Scotland) Act 2013 to give individuals a range of options for how their social care is delivered. The 2013 Act also places firm duties on local authorities to give people informed choice as to how they will receive their support.

The Scottish Government is committed to developing self-directed support as a way of giving individuals and their families flexibility, choice and control over the support services they receive. The Social Care (Self-directed Support) (Scotland) Act 2013 gives people a range of options for how their social care is delivered and places firm duties on local authorities to give people informed choice as to how they will receive their support.

The 10 year self-directed support strategy was launched in November 2010 jointly with COSLA. Implementation of the national strategy is backed by significant investment of £39.5 million up to 2015 and includes a programme of work which aims to provide local authorities with the resources they need to successfully implement self-directed support as well as helping to develop support and provider organisations so that they have sufficient knowledge, expertise and capacity to deliver genuine choice and control to people.

Local authorities have a duty under the Social Work (Scotland) Act 1968 to assess a person’s community care needs and determine whether or not they are eligible for social care support. If eligible, local authorities then have a duty to offer individuals the four self-directed support options. Individual local authorities are responsible for managing demand for services.

The Scottish Government is not invited to the Remembrance Day ceremony at the Cenotaph in London, which is arranged by the UK Government’s Department of Culture, Media & Sport in consultation with the Royal Household. Members of the UK Cabinet, opposition party leaders, former Prime Ministers, certain other ministers and the Mayor of London are invited to attend the ceremony. Representatives of the Armed Forces, Merchant Air and Navy and Fishing Fleets, members of faith communities and High Commissioners from Commonwealth countries also attend and lay wreaths. This is the usual arrangement, which has been in place for many years, including under previous administrations.

The Scottish Government was represented at a wide range of commemorative events across Scotland on Remembrance Sunday. The First Minister laid a wreath at the newly refurbished war memorial in Peebles on Friday. On Remembrance Sunday he participated in a parade, laid a wreath and attended Scotland’s national Remembrance Service at St Giles’ Cathedral in Edinburgh.

The Deputy First Minister Nicola Sturgeon attended a Remembrance service at Glasgow City Chambers on Sunday.

Culture and External Affairs Secretary Fiona Hyslop, who oversees the Scottish commemorations of the centenary of the First World War, laid wreaths at Remembrance services in Linlithgow and Bathgate.

Finance Secretary John Swinney attended a Remembrance service in Blairgowrie.

Health Secretary Alex Neil participated in a Remembrance service in Airdrie.

Education Secretary Mike Russell attended a Remembrance parade in Bute.

Shona Robison, Cabinet Secretary for Commonwealth Games, Sport, Equalities and Pensioners’ Rights laid wreaths at two Remembrance events in Dundee.

Angela Constance, Cabinet Secretary for Training, Youth and Women’s Employment took part in a Remembrance parade in Livingston.

Justice Secretary Kenny MacAskill attended the annual opening ceremony of Legion Scotland’s Garden of Remembrance at the Scott Monument in Princes Street Gardens on Monday 3 November 2014, and attended the Erskine Home Remembrance Service in Gilmerton on Remembrance Sunday. He also participated in an event to commemorate the centenary of the First World War at Portobello High School.

Environment Secretary Richard Lochhead attended a Remembrance service in Forres.

I attended Remembrance services in Dunblane and Bridge of Allan on Remembrance Sunday. On 10 November 2014 I was in Alloa to unveil a plaque at Lornshill Academy’s Remembrance Garden for the First World War. On 11 November 2014 I also unveiled a plaque to commemorate the First and Second World Wars at Glasgow Central Station.

Other Scottish Ministers attended Remembrance events in Irvine, Dundee, Inverness, Renfrew, Crieff, Hawick, Eyemouth, Falkirk, Denny and Bonnybridge.

The Permanent Secretary, Sir Peter Housden, led the Scottish Government’s annual Remembrance Sunday service on 9 November 2014 at St Andrew’s House in Edinburgh. A two minute silence was also observed at Scottish Government buildings on 11 November 2014 at 11 a.m.

The Scottish Government expect to adopt the same existing criteria that is currently in place for existing users of the UK Independent Living Fund on the establishment of the new Scottish Independent Living Fund by 1 July 2015. The project board will make a number of recommendations to ministers during development and I expect that the criteria will be included within these.