Meeting of the Parliament 23 November 2023
Thank you, Presiding Officer.
With apologies to Pam Duncan-Glancy, as I said earlier, I will come on to those points. For now, I am just laying out my concerns, which were reiterated by the committee’s convener.
It is also unclear who would be responsible for managing and implementing individual transition plans, particularly when a young person has left school. The bill mandates a plan for each young person, even if a young person does not want one. I believe that planning should be person led and that it should adapt flexibly to what the young person finds most helpful.
The committee has also recognised concerns, which the Government highlighted in its evidence at stage 1, about
“duplication and overlap of key aspects of existing legislation”.
The committee’s report concludes that the bill risks creating
“additional complexity and confusion”
for
“disabled young people and their families, as well as for professionals trying to navigate this landscape”.
That has been mirrored in feedback from stakeholders; many stakeholders who responded to the committee’s call for views or provided evidence raised similar concerns. The Convention of Scottish Local Authorities said that it
“does not support the call for a new Bill as there is significant Legislation already in place.”
The Association of Directors of Education in Scotland suggested that
“there is reasonable and appropriate legislation already in place”.
The Association for Real Change Scotland said that it continues
“to have multiple concerns about whether the Bill in its present form will meet its intended aims.”
We agree with the findings of the committee, and many of those who provided views to it, including COSLA and a number of local authorities and integration joint boards, on the uncertainty of the bill’s cost implications and the likely underestimation in the financial memorandum.
It is clear that, should the bill progress to stage 2, it would require substantial amendment to address the legal and practical issues that have been raised.
I reiterate my thanks to Pam Duncan-Glancy for her tireless work on this important matter. I will continue to work with her on our shared ambition of improving transitions for disabled young people, regardless of the outcome of today’s debate. However, for the reasons that I have set out, the Scottish Government agrees with the committee’s conclusions and with the view—which has been expressed by COSLA, organisations such as the Association for Real Change Scotland and others—that the bill will not necessarily deliver on its laudable aim of resolving the issues that are experienced by disabled young people. I am sure that the focus and the priority that we are taking forward will do that.
15:40