Hansard

Like my colleagues on the committee, Labour will, of course, support the bill. It is a short, technical bill that makes sensible adjustments to the framework of the 2018 act to enhance the smooth running of the devolved benefits, particularly disability benefits and the top-up power in relation to the Scottish child payment, when those are introduced—which will, I hope, be sooner rather than later.

I thank those who were able to give evidence to the committee, including DeafScotland, the Health and Social Care Alliance Scotland and Citizens Advice Scotland, among others. SAMH and CPAG also gave evidence virtually, and we have had helpful briefings in the past couple of days from Marie Curie and Macmillan Cancer Support. Although it is fair to say that scrutinising a bill in lockdown is more challenging, all those organisations gave helpful input. The clerks and Government officials who made that happen, adjusting their timetables and processes amidst the pandemic, likewise deserve our thanks.

The committee’s report reflects the evidence that we heard and shows that the committee agrees with the principles of the bill. As our report says, except in relation to the issue of appointees, those who gave evidence did not object to the measures in the bill.

The cabinet secretary was open and forthcoming, both in her responses at committee and in her response to the report that we issued this week. In most areas, she has further explained how the powers that the Government is seeking might be used and where guidance will regulate those powers.

Proposals to allow nurses and some allied health professionals to complete the benefits assessment under special rules in Scotland—BASRiS—form for fast-tracked terminal illness applications have been widely welcomed by bodies such as Marie Curie, MND Scotland and Macmillan Cancer Support, which have been instrumental in the work on the new terminal illness system.

I am grateful that the cabinet secretary has said that she is minded to include in the bill provision making it a statutory requirement to publish safeguarding guidance as a result of concerns that the appointee system could be open to abuse. Her offer could be improved if she included a requirement that the guidance be approved by the Parliament, as happens with the advocacy standards.

There remains some desire for clarity on the provisions to withhold information. That is a complicated aspect of the bill. The committee has carefully considered the logic of the approach. If an adult is capable, in that they can manage their own affairs, why might it be appropriate to withhold their own health information from them? If they are capable, in what way would disclosure lead to the serious harm that is claimed? SAMH has rightly sought further definition and the Law Society of Scotland has questioned whether that is consistent with a human rights-based approach.

Pending broad stakeholder support, there will be mechanisms to suspend, rather than stop, carer or disability benefits, and there will be an extension of the duty to inform people about their possible eligibility for top-up benefits.

Since the Scottish child payment was announced and the supporting analysis was published, a lot has changed. As a result of the pandemic and the economic consequences of lockdown, the number of people claiming universal credit has leapt substantially. For that reason, I have today written to the cabinet secretary to ask her to consider further provisions at stage 2 that would lock in provisions to maximise take-up of the child payment.

Figures that I obtained today show that almost half of the new applications for universal credit—57,000—were made by claimants with children. Worse still, 3,500 of those applications were from families who had three or more children, and almost all those applications will be subject to the two-child limit.

Although the bill is an administrative one and is intended to be light on policy content, I hope that provisions to set targets for the take-up of top-up benefits, and for the triggering of a review should any target not be met, might be considered.

I appreciate that my letter was sent only today and that the cabinet secretary may not have had a chance to read it, but I would be grateful to have a discussion with her over the summer, ahead of stage 2.

I am in no doubt not only that the number of families who are eligible for the child payment has grown but that more families than ever are taking up the benefits that they so desperately need. That makes the success of the Scottish child payment more important than ever. Those families will be desperately stretched right now. Although we do not have a clear picture of the number who are being pushed into poverty, many are already suffering. Families across Scotland will have claimed universal credit, but they will still have to apply for the child payment, when applications open, if they want to boost their incomes.

Scottish Labour will support amendments that ensure that the committee’s recommendations are achieved. If we can, in the current circumstances, do a little more to reaffirm the importance of securing widespread take-up of the Scottish child payment, we should take that opportunity.