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SPICe briefings
Date published:
19 April 2024
Scotland's Commissioner Landscape - A Strategic Approach - Identification of duplication in functions and duties
The Ombudsman also works to drive improvements in public service delivery by identifying and addressing systematic issues and contributing to the enhancement of administrative justice in Scotland.Victims and Witnesses CommissionerPatient Safety CommissionerTable 3: Proposed Commissioners - Potential OverlapOfficeholderRemit*Potential Overlap -CommissionersPotential Overlap -Public BodiesPatient Safety CommissionerThe commissioner's role is to advocate for systemic improvements in healthcare safety and to promote the importance of patient and public input, including gathering information, making recommendations, and fostering coordination among healthcare providers.Scottish Public Services OmbudsmanEquality and Human Rights CommissionHealthcare Improvement ScotlandVictims and Witnesses CommissionerThe commissioner's role is to protect and promote the rights of victims and witnesses, advance their voices, influence change, ensure that criminal justice agencies meet their responsibilities under the Victims' Code, and abstain from championing or intervening in individual cases.Scottish Public Services OmbudsmanCommunity Justice ScotlandPolice Investigations & Review CommissionerScottish Police AuthorityScottish Criminal Cases Review CommissionDisability CommissionerThe commissioner's role is to promote and safeguard the rights of disabled people, advocate for them at a national level, review laws, policies, and practices related to their rights, promote best practices among service providers, and conduct investigations into service providers related to matters within the remit of the devolved institutions, focusing on how they have addressed the rights, views, and interests of disabled people.Scottish Commission for Human RightsLearning Disability, Autism and Neurodiversity Commissioner / CommissionEquality and Human Rights CommissionIndependent Living Fund ScotlandThe Mental Welfare Commission for ScotlandPoverty and Inequality CommissionMobility and Access CommitteeOlder People’s CommissionerThe commissioner's role is to raise awareness of the interests of older people in Scotland, promote opportunities for, and eliminate discrimination against, older people, encourage best practice in their treatment, review the adequacy and effectiveness of laws affecting their interests, and undertake investigations into how service providers consider the rights, interests, and views of older people in decisions and work related to devolved matters.Scottish Commission for Human RightsEquality and Human Rights CommissionIndependent Living Fund ScotlandPoverty and Inequality CommissionWellbeing and Sustainable Development CommissionerThe role of the Commissioner is to ensure compliance with the proposed Bill, hold public bodies accountable, oversee relevant Acts, provide advice, make recommendations, and contribute to legislative reviews and reform, with a focus on achieving the National Outcomes and meeting the values and aspirations of the people of Scotland.Future Generations CommissionerHighlands and Island EnterpriseScottish Law CommissionPoverty and Inequality CommissionScottish Futures TrustFuture Generations CommissionerThe role of the commissioner, who acting on behalf of future generations would be empowered to hold public bodies, including Ministers, to account as well as provide support in relation to the delivery of wellbeing, sustainable development, and future generations outcomes.Wellbeing and Sustainable Development CommissionerHighlands and Island EnterprisePoverty and Inequality CommissionScottish Futures TrustLearning Disability, Autism and Neurodiversity Commissioner / CommissionThe role of the Commissioner is to oversee the protection of the rights of individuals with learning disabilities and autism, ensure compliance with new...
Committee reports
Date published:
18 March 2024
Stage 1 report on the Agriculture and Rural Communities (Scotland) Bill - Need for greater detail in the Bill on the rural support plan
More generally, there was wider discussion in the groups around the intended scope of a new policy in relation to rural development.
SPICe briefings
Date published:
26 February 2024
SPICe Bill Summaries - Session 6 - May 2021 to June 2023 - Hunting with Dogs (Scotland) Bill
However, the exceptions provided for by the Bill are different to the exceptions in the 2002 Act in several ways, notably in that most exceptions in the new Bill permit only a maximum of two dogs to be used, unless a licence has been obtained.
Committee reports
Date published:
22 February 2024
Stage 1 report on the National Care Service (Scotland) Bill - Consideration by other Committees
It did so recognising that, regardless of whether or not children's services were included within its scope, a new National Care Service would inevitably have an impact on children's services.
Committee reports
Date published:
1 December 2023
Subordinate legislation considered by the Rural Affairs and Islands Committee on 22 November 2023 - Rural Affairs and Islands Committee consideration
Given the length of time between the 2008 Order and 2023 Order, the Committee asked for more information regarding the methodology used to determine the new levy ceiling. In her response, the Cabinet Secretary explained that the purpose of the instrument was “about future proofing the ceiling for years to come”.
Committee reports
Date published:
12 September 2023
Embedding Public Participation in the Work of the Parliament - Theme 3: Raising awareness of the Scottish Parliament
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Theme 3: Committee conclusions
The Committee welcomes the work that is currently being undertaken by Parliament staff to develop and enhance the information that the Parliament provides, and to make it relevant and accessible to a wide range of users.
We welcome the development of a new engagement campaign that wil...
Committee reports
Date published:
29 June 2023
Delegated powers relevant to Scotland in the Data Protection and Digital Information (No.2) Bill (UK Parliament legislation) - Annex
The Bill page has now been updated to reflect those amendments and I summarise them below:-
Clause 93 (now Clause 99) is amended to grant the power to make regulations via the negative resolution procedure for the implementation of international agreements as they relate to law enforcement data sharing (“the power”) to ‘appropriate national authorities’.
New Clause 100 designates the Scottish Ministers as an appropriate national
authority where regulations made with the power contain only devolved provisions.
Committee reports
Date published:
22 June 2023
Delegated powers provisions in the Bankruptcy and Diligence (Scotland) Bill at Stage 1 - Review of relevant powers
Where an arrestee fails to make a disclosure, a sheriff may, on the application of the creditor, order the arrestee to pay the creditor the lesser of either: (i) the sum due by the debtor to the creditor or (ii) the amount which represents the “minimum protected balance” in bank accounts which are subject to an arrestment (currently £1,000). Section 6(3)(b) provides a new power for the Scottish Ministers to vary the sum of the “minimum protected balance” by regulations.
Committee reports
Date published:
30 May 2023
Delegated Powers and Law Reform Committee Annual Report 2022-23
The Committee considered and reported on 14 LCM's :
Online Safety Bill
Trade (Australia and New Zealand) Bill
Procurement Bill
UK Infrastructure Bank Bill
UK Northern Ireland Protocol Bill
Northern Ireland Troubles (Legacy and Reconciliation) Bill
Levelling Up and Regeneration Bill
Public Order Bill
UK Infrastructure Bank Bill (Supplementary)
Retained EU La...
Committee reports
Date published:
6 March 2023
Bail and Release from Custody (Scotland) Bill Stage 1 Report - Views on the proposals in the Bill
Tracey McFall of the of the Criminal Justice Voluntary Sector Forum made the point that the third sector needed to be “around the table as soon as possible”—
“Proposed new section 34A is on the duty to engage in release planning, and everybody has talked about how critical the third sector is in that process.
