Chamber and committees

Is the committee content with the instruments?

Members indicated agreement.

The instrument provides for an increase in various benefit payments and associated earnings thresholds. The Scottish ministers failed to lay their response to the Scottish Commission on Social Security’s proposals with the instrument, as is required by section 97 of the Social Security (Scotland) Act 2018. The Scottish Government subsequently laid the response on 3 February 2023 and apologised for the oversight.

Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, in that the response to the Scottish Commission on Social Security proposals was not laid at the same time as the instrument? Also, is the committee content to note the apology received from the Scottish Government for the oversight? Further, does the committee wish to ask the Scottish Government to ensure that all required documentation is laid at the same time as an instrument is laid before Parliament?

Members indicated agreement.

Under agenda item 3, we are considering five instruments, on which no points have been raised.

Is the committee content with the instruments?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

Is the committee content with the instrument?

Members indicated agreement.

Under item 5, we will take evidence from George Adam, the Minister for Parliamentary Business, in one of our regular sessions with him on the Scottish Government’s work that is relevant to the committee. The minister is accompanied by two Scottish Government officials: Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Susan Herbert, head of the subordinate legislation team in the Parliament and legislation unit. I welcome you all to the meeting.

I remind the witnesses not to worry about turning on microphones during the session, as they are controlled by broadcasting staff.

I invite the minister to make some opening remarks.

One example of where particular issues arose was the Scottish Child Payment (Ancillary Provision) Regulations 2022 (SSI 2022/326). On 23 November 2022, the committee asked the Scottish Government why a further breach of the 28-day rule had occurred in relation to those regulations. The committee sought the Scottish Government’s assurance that its quality assurance processes were sufficient to ensure that subordinate legislation that is laid before the Parliament was fit for purpose. The Scottish Government responded that a review of its processes for developing and quality assuring social security regulations would be undertaken in order

“to learn lessons and strengthen procedure for the future.”

Will you provide an update on that review?

I absolutely agree. I was on the committee in the previous session, and I remember the long list of outstanding commitments. The committee wanted the situation to be improved greatly, and it certainly is.

On this particular order, I am sure that my colleagues would appreciate it if you were to write to the committee with an update after you have that dialogue with your colleagues.

Mr Mundell touched on some of the issues with the Moveable Transactions (Scotland) Bill. Likewise, during an earlier parliamentary session, some issues were raised with the Prescription (Scotland) Act 2018 because there was such a length of time between the SLC undertaking its work and the bill being introduced. If, in future, an SLC bill has been sitting there for, say, five years, would the Government consider doing some more consultation with stakeholders before the bill is introduced so that it could draw out any issues? I think that it is fair to say—it certainly came up in evidence on the Moveable Transactions (Scotland) Bill and when I was on the committee at the time of the Prescription (Scotland) Bill—that probably not everyone or not many organisations engaged fully with the subject matters and subject areas of those bills because they did not think it was really relevant for them. However, if the Government was to do some further consultation before such a bill was introduced, it might draw out some issues and help the parliamentary process.