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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 12 August 2025
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Displaying 1311 contributions

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Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

In your model, where do expect to be at this time next year, say, with regard to the number of advocates that you have in Scotland?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 24 November 2022

Jeremy Balfour

I was going to make the same point, but perhaps I can answer Pam Duncan-Glancy鈥檚 question myself.

I happen to sit on the Delegated Powers and Law Reform Committee, which met on Tuesday to discuss the regulations. We, too, had quite a lot of concerns about this being the second additional instrument laid under the initial regulations, so we have written to ask the Scottish Government for an explanation and I have asked for that response to be shared with this committee. As a result, we might not, on this occasion, have to write separately. Once the DPLR Committee receives a response, we can respond to it, if that is helpful, convener.

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

No, I am talking about the First-tier Tribunal.

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

With respect, you did not quite answer my question. Are you able to guarantee that, at the present time, you have enough people both in terms of numbers and geographically to cover tribunals? I do not know where your 19 advocates are based, but there could easily be a tribunal in Inverness and one in Galashiels on the same day, as well as some in the central belt. Can you assure the committee that, if someone goes to a First-tier Tribunal within the next few months, you will be able to advocate on their behalf?

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

How many people are now working for you in Scotland?

Social Justice and Social Security Committee

Scottish Benefits Independent Advocacy

Meeting date: 24 November 2022

Jeremy Balfour

That was helpful. I have one more question, and then I will leave it to my colleagues to pick up on other areas.

Obviously, your organisation offers advice throughout the process, including with attendance at tribunals. You say that you have 19 advocates but, if we are talking about disability cases going to tribunals, the fact is that there can be up to eight, nine or 10 tribunals meeting at the same time in Scotland from Shetland to Stornoway. Are you confident that, with that number of staff, you will be able to provide a service for somebody on the day of their tribunal?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Jeremy Balfour

Good morning. Amendments 137 and 138 simply seek to clarify a particular situation. Last week, the cabinet secretary and a number of members told us that the changes proposed in the bill do not affect what happens with regard to the European convention on human rights. As I have said, the amendments seek to clarify that and provide a way forward if the bill becomes an act.

As we will all be aware, article 9 of the ECHR covers all protected characteristics, and amendment 137 simply states what has previously been stated, which is that nothing will change in that regard. I hope that the cabinet secretary can give some clarification on that.

Amendment 138 seeks to look forward to any regulations that will flow from the bill becoming an act by making it clear that there is no contradiction between article 9 of the ECHR and any regulations that are laid before Parliament. It seeks to provide that if regulations are laid that affect article 9, the affirmative procedure will be used to ensure that the committee and the Parliament can scrutinise them.

I hope that the cabinet secretary will be able to clarify whether these amendments are necessary鈥攖hey are simply to bring clarification, rather than changing anything specific.

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

Some of this has been explored, but I want to cover two areas that were brought up in the earlier evidence session today. If the bill is passed by Parliament, you then intend to carry out a co-design process on the regulations and guidance that come out of the bill. Do you and your officials have a timeline in mind for the consultation, drawing up the regulations and introducing them in Parliament for scrutiny?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

With respect, minister, the timeline is your decision, because it will start when the Scottish Government lays the regulations in Parliament. It is not for this committee to scrutinise anything until you have brought it forward, so you are the person who ultimately starts the process. You might not decide how long it will take, but you will fire the starting gun, if I can put it that way. Have you considered that?

The other issue is that the final decision on the content of the regulations that Parliament will scrutinise will be yours. Co-design can take us so far but, ultimately, the decision on what will be put before Parliament will be yours.

For all members, irrespective of their parties, one frustration about scrutinising so many sets of regulations is that we cannot amend them: we have to say either yes or no to them all. As well as engaging with stakeholders, how much engagement on the regulations do you see happening with members of the Scottish Parliament? Will the regulations come to the committee as drafts before you lay them, or will they simply come to us and that will be it?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Jeremy Balfour

Thank you, minister.