Chamber and committees

As I indicated to the Health and Sport Committee on 31 January, I hope to indicate a preferred minimum price per unit of alcohol at Stage 2, but certainly before Stage 3 of the Bill process.

I met the European Commissioner for Health and Consumer Policy, John Dalli on 7 February 2012. During the same visit I also met with senior officials from DG Enterprise and Industry. I was accompanied by Donald Henderson, Head of Public Health Division, Scottish Government.

The discussions I have had with relevant contacts in the European Commission as regards the Scottish Government’s proposal to introduce a minimum price per unit of alcohol were very constructive and positive. I have written to the Convenor of the Health and Sport Committee informing him of the content of these discussions.

I refer the member to the answer to question S4W-05774 on 5 March 2012. All answers to written parliamentary questions are available on the parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Council tax benefit payments for 2010-11 in Scotland totalled £387.4 million with entitlement depending on a variety of circumstances, including unemployment. Council tax benefit is also paid to pensioners, those on low pay and those unable to work because of disability or caring commitments.

The UK Government’s Welfare Reform Bill will, if enacted, abolish council tax benefit from April 2013, removing this support from the social security system altogether. Responsibility for helping people meet their council tax liabilities will then fall to the Scottish Government, although UK Government has confirmed the budget transferred to Scotland will be reduced by 10%.

Community Care Grants and Crisis Loans for living expenses will also be abolished in April 2013 and the Scottish Government will receive the amount spent in Scotland at this point. While DWP anticipate this will be lower than spend in 2010-11, spend on Community Care Grants in Scotland in 2010-11 was £20,813,600 and on Crisis Loans for living expenses £8,597,800. The Scottish Government is considering successor arrangements in discussion with stakeholders.

I refer the member to the answer to question S4W-05774 on 5 March 2012. All answers to written parliamentary questions are available on the parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

In December 2011 COSLA agreed a National Strategy and Guidance for Charges applying to Non-residential Social Care Services 2012-13. This will be published in early March, and includes a chapter on achieving greater consistency.

The working group which was established, including representation from the Scottish Government, to co-produce the guidance will now take forward the strategy 2012-13.

I expect to receive a final report from Sir Ian Kennedy as soon as this becomes available.

There is no specific statutory requirement for local authorities to report on how many welfare guardianships they have monitored each year.

The local authority’s responsibilities to supervise welfare guardians are set out in The Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities)(Scotland) Regulations 2002 (SSI 2002/95) as amended.

Where a guardian is appointed for a year or more, the local authority must arrange for the adult and the guardian to be visited on behalf of the local authority within three months of the court making the guardianship order and then at least every six months. That rule does not apply where the guardian is the chief social work officer.

Where a guardian is appointed for less than one year, the local authority must arrange for the guardian to be visited on behalf of the local authority within fourteen days before or after the midpoint of the period of appointment; and within fourteen days before the end of that period.

The Care Inspectorate is responsible for regulating and inspecting social work services. The Mental Welfare Commission for Scotland (MWC) has a responsibility to exercise protective functions in respect of adults subject to welfare guardianship. To help the MWC carry out this responsibility, the MWC asks local authorities to provide it with relevant information.

The primary responsibility for ensuring that a local authority monitors welfare guardianships effectively lies within the authority itself. Under the Adults with Incapacity (Scotland) Act 2000 a local authority is required to do various tasks including supervising welfare guardians, consulting with the Mental Welfare Commission (MWC) and the Office of the Public Guardian on issues of common interest, investigating complaints and providing guardians with information and advice. The Care Inspectorate is responsible for regulating and inspecting social work services.

The MWC has responsibility under the 2000 Act for a variety of protective functions in respect of adults who are subject to welfare guardianship. The MWC visits a sample of adults. Where not visiting, the MWC writes to guardians and asks guardians to advise the MWC about any change of circumstances or concerns they may have. The MWC will also investigate a complaint relating to a welfare guardian where the local authority fails to investigate the complaint or where the MWC are not satisfied with the local authority’s investigation.