Chamber and committees

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

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.

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.

There is no specific statutory requirement for local authorities to report how many visits to welfare guardians they have carried out 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.

I refer the member to the answer to question S4W-05564 on 6 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/parliamentarybusiness/28877.aspx.

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.

The European Commission has confirmed that it is for Member States to decide if and at what stage to notify their proposals. We are clear that the bill itself does not require to be notified, and we are currently considering whether the subordinate legislation that sets the minimum price per unit of alcohol requires to be notified.

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.