Thank you, convener. My opening remarks will be brief.
I thank the committee for its consideration of the bill in an expedited timeframe. Had it not been for the vital requirement for us to introduce the Scottish child payment as soon as possible, the bill might not have been required but, given our Government’s commitment to that policy, it certainly still is.
In order to ensure the effective implementation of the 2018 act, the bill addresses a small number of other issues that we think are better progressed together rather than in separate, overlapping bills. As I have said, the Scottish child payment is a vitally important benefit, and we are determined to introduce it as quickly as possible, but I will not do so until the statutory offence provisions in the bill are in place.
The 2018 act already provides for adults who need an appointee where they cannot act for themselves. We are working with stakeholders on how that will work in practice, and we will put in place appropriate and proportionate safeguards on which we will consult more fully in due course.
Through the bill, we propose to make some minor changes by allowing appointees who are aged 16 or over rather than 18 or over, and by allowing adults with capacity to access an appointee if they wish. We want to ensure that no one is disadvantaged, and it is only right that Social Security Scotland can deal with a responsible person on the client’s behalf where that is necessary. That would include a situation in which a child’s parent or guardian is unable to act on their behalf.
As for other appointee arrangements, we will ensure that appropriate safeguards are in place, and we are developing guidance to make sure that there is a robust and flexible process to ensure that the right to social security is protected.
In the very rare cases in which a medical professional has decided to withhold information about an individual’s health on the basis that to do otherwise would cause serious harm, it is important that Social Security Scotland can also withhold that information. It would do so only if the client’s doctor or nurse has advised that disclosure would cause serious harm to the client. Although we welcome openness in communications, including with those who have a terminal illness, timing can be critical to ensuring that such conversations are sensitive and thoughtful.
The 2018 act allows only a registered medical practitioner to clinically determine whether an individual is terminally ill for the purposes of disability assistance. However, it has become clear that many registered nurses have the required skills and interaction with patients to be able to make such a judgment.
The provisions in relation to tribunals will facilitate access to a wider group of experienced judges via the route of temporary authorisation in order to increase the capacity of the Scottish tribunals.
Finally, I note that organisations have, in their written submissions, recommended that we use the bill to bring forward provisions to suspend payments. I am very mindful of the reduced time period for stage 2 consideration, and we will lodge only amendments that carry very broad support, not just within stakeholder organisations but across the Parliament. Nonetheless, I am minded to use the bill for that suggested purpose.
I am happy to take questions.