- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Tuesday, 08 April 2025
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Current Status:
Answered by Shirley-Anne Somerville on 6 May 2025
To ask the Scottish Government when it last met officials from the Department for Work and Pensions regarding work to progress the delivery of automatic split payments of universal credit, as set out in part 6, section 94 of the Social Security (Scotland) Act 2018.
Answer
The Scottish Government provided a Policy Design Specification in October 2023 for formal impact assessment by the DWP, which set out how the Scottish Government would like the split policy to be delivered. I also recently met with Sir Stephen Timms MP, on 30 April, to discuss the UK Governments UC review, highlighting the work being carried out on split payments policy and the need for the UC review to include a gendered analysis. The Scottish Government remains committed to working with the DWP towards delivery of split payments for Universal Credit.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Tuesday, 08 April 2025
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Current Status:
Answered by Shirley-Anne Somerville on 2 May 2025
To ask the Scottish Government whether it anticipates that automatic split payments of universal credit in Scotland, as it committed to in 2017, will be delivered by the end of the current parliamentary session, and, if so, by what date.
Answer
The delivery of split payments to joint Universal Credit households is reliant on the ability of the DWP to adapt the UC system to facilitate the policy. The Scottish Government continues to work with the DWP to consider the steps required to deliver the policy.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 30 April 2025
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Current Status:
Taken in the Chamber on 8 May 2025
To ask the Scottish Government what its position is on its own reported assessment that its target of delivering 110,000 affordable homes by 2032 is at risk.
Answer
Taken in the Chamber on 8 May 2025
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 02 April 2025
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Current Status:
Answered by Maree Todd on 29 April 2025
To ask the Scottish Government when it last reviewed the current law around lasting powers of attorney.
Answer
Lasting Powers of Attorney is an English term which refers to two separate legal documents – one for property and financial affairs, and one for health and welfare. In Scotland, the equivalent arrangement is called a Power of Attorney (PoA), which can combine continuing (financial) and welfare powers into a single document.
Last year the Scottish Government published a seeking views on proposed changes to the Adults with Incapacity (Scotland) Act 2000. The consultation opened on 25 July 2024 and closed on 17 October 2024. Part 2 of the consultation related to changes to continuing and welfare powers of attorney. The Scottish Government published on 25 January 2025.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 02 April 2025
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Current Status:
Answered by Maree Todd on 29 April 2025
To ask the Scottish Government what assessment it has made of whether current rules for challenging powers of attorney are sufficient for challenging potential abuses of such powers.
Answer
The Scottish Government (SG) has acknowledged that, while the current system for Powers of Attorney (PoAs) generally functions well, certain elements require improving and updating.
In January SG published analysis of responses to a consultation on proposals for reform of the Adults with Incapacity Act, including PoAs.
SG are now considering those responses and working towards modernising the AWI Act, taking forward recommendations from the Scottish Mental Health Law Review.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 02 April 2025
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Current Status:
Answered by Maree Todd on 29 April 2025
To ask the Scottish Government how many cases were brought to contest powers of attorney in each of the last three years.
Answer
Power of Attorney (PoA) applications in Scotland are registered with the Office of the Public Guardian (OPG), which is a part of the Scottish Courts and Tribunals Service (SCTS). The SCTS is an independent body corporate and was established by the Judiciary and Courts (Scotland) Act 2008. The SCTS is not directly answerable to the Scottish Government, but rather has its own board, chaired by the Lord President.
Once a PoA is registered with the OPG, concerns about its use are generally addressed through investigation or civil court action, such as seeking removal of the attorney or appointment of a guardian. The OPG does not hold data on the number of civil court action cases brought to contest in the last three years, as it is not formally notified of them.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 02 April 2025
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Current Status:
Answered by Maree Todd on 29 April 2025
To ask the Scottish Government what assessment it has made of whether current rules for obtaining powers of attorney are sufficient in preventing any abuse of such powers.
Answer
The Scottish Government (SG) has acknowledged that, while the current system for granting Powers of Attorney (PoAs) generally functions well, certain elements require improving and updating.
In January SG published analysis of responses to a consultation on proposals for reform of the Adults with Incapacity Act, including PoAs.
SG are now considering those responses and working towards modernising the AWI Act, taking forward recommendations from the Scottish Mental Health Law Review.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 02 April 2025
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Current Status:
Answered by Maree Todd on 29 April 2025
To ask the Scottish Government when it last met with the Office of the Public Guardian (Scotland) regarding powers of attorney.
Answer
Officials from the Scottish Government last met with colleagues from the Office of the Public Guardian in relation to powers of attorney on 3 October 2023. This was to discuss recommendations from the Scottish Mental Health Law Review.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Thursday, 03 April 2025
Submitting member has a registered interest.
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Current Status:
Answered by Maree Todd on 28 April 2025
To ask the Scottish Government whether it has allocated any funding to support the Scottish Assembly for the financial year 2025-26.
Answer
The Assembly will receive £107,152 in the first six months of 2025-26, with bids for three year funding from the Learning Disability Support Fund currently being considered. We expect successful bids to be confirmed in May 2025, with funding starting in October 2025.
- Asked by: Paul O'Kane, MSP for West Scotland, Scottish Labour
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Date lodged: Thursday, 03 April 2025
Submitting member has a registered interest.
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Current Status:
Answered by Maree Todd on 28 April 2025
To ask the Scottish Government whether it provides support to the Scottish Assembly, and if this is the case, what kind of support it provides.
Answer
Over the last three years, the Scottish Government has provided the Scottish Assembly with £425,136 to build capacity via our leadership and engagement framework and £316,349 of core funding via our Inspiring Inclusion charity portfolio over the last 4 years. Both of these funds are managed and distributed by fund manager, Inspiring Scotland.
Inspiring Scotland offer management consultancy services to the Scottish Assembly’s executive team and Board and provide intensive support where needed. This includes support to explore alternative funding and income streams aimed at long term sustainability of the organisation.