29 September 2020

S5M-22845 The Social Security Administration and Tribunal Membership (Scotland) Bill - Stage 3

The Deputy Presiding Officer (Christine Grahame): The next item of business is the stage 3 debate on motion S5M-22845, in the name of Shirley-Anne Somerville, on the Social Security Administration and Tribunal Membership (Scotland) Bill.

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Stewart Stevenson (Banffshire and Buchan Coast) (SNP):

Congratulations to Graham Simpson, who has made the bold and, I am sure, entirely justified claim that nothing went wrong on his watch. Of course, he was careful to draw his frame quite narrowly, so I dare say that we might have revelations at another point in his parliamentary career that draw a distinction from the claim that he has made today. However, he and the other members of the committee have done a fine job in bringing to the Parliament a proposal on whose merits there is universal consensus.

In a perfect world, everyone who requires assistance would be able to act in their own interest at all times. In the case of juveniles, of course, such actions on their part cannot be unqualified, and an adult is needed to oversee their decisions. However, the voice of juveniles must be heard in important jurisdictions that affect their futures. The children’s panel is an excellent example of where the child’s voice is often decisive in determining what should happen in particular circumstances.

The appointment of someone to look after a child’s interests with regard to social security is not to be thought about casually. It is important that, as parliamentarians and legislators, we are somewhat cynical when we look at this topic. Why cynical? Because a small number of the people who are given that responsibility will abuse that trust. We need to make sure that there are provisions to cover that circumstance and penalties for those who take away from the deserving youngsters the emoluments that are provided from the public purse. The bill takes good steps towards ensuring that we can protect the interests of our youngsters. It also makes some more general provisions in that regard.

The bill also tidies up some of the imperfections of previous legislation. It would, however, be naive of us to imagine that there is a perfect act out there that reflects the perfect parliamentary process and absolutely everything that might have been relevant to what is going on. Indeed, when the Parliament was established by the Scotland Act 1998, one of the little errors that it contained—it was not particularly important, but it was an error—was that it made no provision for what should be done about who got elected if, in calculating the last position to be elected from the list, there was a tie. As the 1998 act was first passed, everyone who was tied for last position would be elected to the Parliament. Far from having a limit of 129 members, we almost had, in a sense, no limit at all. That might be trivial, and it was very unlikely to happen, but every bit of legislation that we might get ourselves involved in will have some flaw somewhere. If we are very lucky, it never matters and it never emerges. It is, therefore, right and proper that the Government brings forward legislation that deals with some of the things that were not quite right in the first iteration of legislation.

I particularly welcome the provisions that take beyond the view of registered medical practitioners the ability to confirm whether someone is terminally ill. I spent a brief period 56 years ago as a nurse in a ward where quite a few of our patients could reasonably be so categorised, and it did not require a doctor to know that. Even as a callow 17-year-old, I could see that mortality was beckoning for some of our patients, although I would not have been sufficiently qualified to give an opinion that could be relied on. Nurses are, however, often closer to their patients than general practitioners or other practitioners in hospital. They spend more time with them, and that is a good and proper thing to say.

I will conclude my short contribution to the debate by welcoming some of the things that Rachael Hamilton said. She said that we should not be working together with the UK Government. Curiously enough, I think that we have a collaborationist Government, which is a good thing because we collaborate across the chamber, and we collaborate with the UK Government, if it is in our mutual interests to do so. If Rachael Hamilton wants to argue that we should not be doing that, I will make common cause with her—

The Deputy Presiding Officer: Can I stop you there, Mr Stevenson? You might think that you have made a short contribution, but you are already a minute and a half over.

Stewart Stevenson: I am most obliged to you, Presiding Officer. As I peer at my screen, I can now see the clock. I will draw my remarks to a conclusion there by saying that I will be happy to support the bill at decision time.


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