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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 14 August 2025
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Displaying 1535 contributions

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Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 18 May 2022

Ross Greer

I am sorry to interrupt. I have huge sympathy with so much of what you have said, but I am trying to drill down and identify each point of concern. Am I right in understanding from what you have just said that you do not believe that the regulations would provide a further incentive?

Part of the question here鈥攏ot all of it鈥攊s whether we will end up in a position in which, for the next two and a half years, we will continue to see a significant increase in the number of placements. Do you believe that the regulations make it more likely that we will continue to see such an increase? That is the bit that I am struggling with here. I accept that it is questionable and that we will end up facing a question of constitutional law, but given the provision that allows the Scottish Government to pursue the placing authority, in my view that is a pretty clear disincentive to an English local authority to try for a placement in Scotland. I am still trying to understand why you think that the process incentivises placement in Scotland.

Education, Children and Young People Committee

Scottish Attainment Challenge Inquiry

Meeting date: 18 May 2022

Ross Greer

That is really good to hear. The last part of that answer probably points to your answer to my next question but, if such a piece of work was to be undertaken, where would responsibility for it sit? Would it be with Education Scotland or with Graeme Logan and the learning directorate? I am interested in the accountability around evaluation of the scheme overall, but if a specific bit of longitudinal evaluation work was to be done, where would it best sit?

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 18 May 2022

Ross Greer

I want to bring together two points that Nick Hobbs made that are perhaps related. A couple of moments ago, you said that there is a question about the connection between the young person and Scottish ministers, if it comes to the issue of whether ministers should pursue the placing authority. The issue is about how ministers would know to do that, if the young person does not have any connection with them.

I think that that is related to the question of the role of the advocate. I completely accept your point that an advocate is not a substitute for legal representation. There are complications because, with the young people who we are talking about, if they have a lawyer in the first instance, in almost all cases, it will not be a lawyer who practises Scots law. Is there not a potential role for the advocate there?

There is a question about how to create a connection between the young person and the Scottish ministers for the use of the potential power to pursue through the sheriff court. Could that not be addressed through guidance for the independent advocates that that is part of their role in advocating for the young person? If, after discussion, the advocate and young person believe that it is necessary, part of the advocate鈥檚 role could be to create a connection with ministers and the Scottish Government to see whether the option of pursuit through the courts is viable.

Education, Children and Young People Committee

Scottish Attainment Challenge Inquiry

Meeting date: 18 May 2022

Ross Greer

How much of Education Scotland鈥檚 role is about ensuring that the RICs and local authorities are evaluating and feeding back versus doing its own direct evaluation?

Education, Children and Young People Committee

Scottish Attainment Challenge Inquiry

Meeting date: 18 May 2022

Ross Greer

I have a question about encouraging that local accountability. It is not for the Scottish Government to tell local elected members what they should have on their agenda, but how do you strike the right balance between giving local authorities the autonomy that they deserve as elected bodies and trying to encourage and support them to do local evaluation work that can collectively be fed up to build the national picture?

Education, Children and Young People Committee

Scottish Attainment Challenge Inquiry

Meeting date: 18 May 2022

Ross Greer

I am interested in the potential for a longitudinal study of the impact of the funding so far. I think that it was Jim Thewliss from School Leaders Scotland who first made the point to us that we are at a stage where entire cohorts have gone through the whole of primary or secondary education while the funds have been in place, and that this is an appropriate time to commission a long-term, longitudinal evaluation of the overall impact that the funding has had in specific settings? Is any work under way or likely to take place over the coming months that will fit that description?

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 18 May 2022

Ross Greer

If you do not mind, I will start with a daft question, because I am certainly not a lawyer. What do you recommend? Is it that the High Court should be able to make orders only for a maximum of 22 days and then a couple of subsequent鈥攑otentially, three months鈥攅xtensions? That is not directly relevant to the regulations, though, is it? That is either for the proposed bill or more directly for the UK Government and UK-wide legislation.

11:15  

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 18 May 2022

Ross Greer

I recognise that there are ways in which the regulations can be strengthened. However, particularly on restricting the High Court鈥檚 ability in terms of the length of orders, it seems to me to be questionable whether we would be able to do that through regulation in Scotland. I assume that any English authority that was seeking to challenge that would at least have a pretty strong case, given that the matter is not in primary legislation in Scotland and is not relevant to the UK-wide legislation鈥攖he English legislation, specifically鈥攖hat applies.

You mentioned a couple of other concerns that I am interested in getting into in a little bit more detail. One of them鈥攊t seems to be very reasonable鈥攊s that under the regulations the Care Inspectorate will not be obliged to inspect facilities. There is an obligation to notify the inspectorate, but it is not obliged to take any particular action. Given that the regulations are a temporary solution, would you be satisfied if the Care Inspectorate simply made a commitment to inspect, although it would not be required to by regulations, given that what we are talking about will鈥攚e hope鈥攂e in place for two years? If the Care Inspectorate simply made a commitment to inspect facilities, would that address that specific concern?

Finance and Public Administration Committee

National Performance Framework: Ambitions into Action

Meeting date: 17 May 2022

Ross Greer

I have a final, brief question. You mentioned in your written submission that the use of the national outcomes in parliamentary scrutiny in Scotland was an example of good practice. I will be honest鈥攎ost, if not all, of us did not think that we were doing a good job in that regard. Could you tell us what we were doing right, because we were not aware of that?

Finance and Public Administration Committee

National Performance Framework: Ambitions into Action

Meeting date: 17 May 2022

Ross Greer

Thank you鈥攖hat was quite reassuring.