SC/S5/16/2/A
SOCIAL SECURITY COMMITTEE
AGENDA
2nd Meeting, 2016 (Session 5)
Thursday 30 June 2016
The Committee will meet at 9.00 am in the James Clerk Maxwell Room (CR4).
1. Decision on taking business in private: The Committee will decide whether to take item 4 in private.
2. Scottish Government’s Social Security Work Programme:The Committee will take evidence from—
Angela Constance, Cabinet Secretary for Communities, Social Security and Equalities;
Stephen Kerr, Social Security Director, and Anne McVie, Acting Deputy Director, Social Security Policy and Delivery Division, Scottish Government.
3. Witness Expenses The Committee will consider whether to delegate authority to the Convener for any witness expenses related to stakeholder evidence sessions in September and October 2016.
4. Research proposal: The Committee will consider a proposal for research.
Simon Watkins Clerk to the Social Security Committee Room TG.01 The Scottish Parliament Edinburgh Tel: 0131 348 5228 Email: [email protected] SC/S5/16/2/A
The papers for this meeting are as follows—
Scottish Government Social Security Work Programme
PRIVATE PAPER SC/S5/16/2/1 (P)
Ministerial Correspondence SC/S5/16/2/2
Research Proposal
PRIVATE PAPER SC/S5/16/2/3 (P)
SC/S5/16/2/2
SOCIAL SECURITY COMMITTEE 2nd Meeting, 30 June 2016 Scottish Government’s Social Security Work Programme
Background
1. At the first Social Security Committee meeting (16 June), Members noted that the Joint Ministerial Working Group on Welfare was meeting that day in Glasgow. The Committee asked for a written summary from the Cabinet Secretary for Communities, Social Security and Equalities covering that meeting.
2. Attached are the following documents in response to the Committee’s request:
Correspondence to the Convener on progress made at the first meeting of the Group. Revised terms of reference for the Group. Minutes of the meeting 16 June 2016.
Simon Watkins Clerk to the Committee 27 June 2016
Sandra White MSP Convener Social Security Committee The Scottish Parliament Edinburgh EH99 1SP
24 June 2016
Dear Convener,
Congratulations on your appointment as Convener of the newly formed Social Security Committee. We wanted to write to you jointly to share the early progress we have made at the Joint Ministerial Working Group on Welfare.
The group met on 16 June for the first time since the Scottish elections and also since the Scotland Act 2016 achieved Royal Assent. I enclose the minutes for this meeting. We discussed the terms of reference for the group and agreed a revised version, which is enclosed and which we have also published.
We also discussed commencement of eleven of the thirteen welfare provisions in the Scotland Act 2016. We agreed to commence these provisions subject to a commencement order which will be progressed by the Scotland Office over the summer. The remaining provisions will be discussed at the next meeting, as we agree that we must be mindful of ensuring the safe and secure transfer of powers, with those who are affected at the heart of considerations.
We have agreed to meet again in the autumn and are completely committed to a constructive relationship between Governments.
We look forward to working with you in the coming months.
The Rt Hon David Mundell MP Angela Constance MSP SECRETARY OF STATE CABINET SECRETARY FOR COMMUNITIES, FOR SCOTLAND SOCIAL SECURITY & EQUALITIES
The Rt Hon Stephen Crabb MP Keith Brown MSP SECRETARY OF STATE CABINET SECRETARY FOR ECONOMY, FOR WORK AND PENSIONS JOBS & FAIR WORK
Joint Ministerial Working Group on Welfare Terms of Reference
Purpose
The Joint Ministerial Working Group is established to provide a forum for discussion and decision-making to ensure the implementation of welfare and employment-related aspects of the Scotland Act 2016.
Membership
UK Government Secretary of State for Scotland (Co-chair) Secretary of State for Work and Pensions Minister for Employment
Scottish Government Cabinet Secretary for Communities, Social Security and Equalities (Co Chair) Cabinet Secretary for the Economy, Jobs and Fair Work Minister for Social Security Minister for Employment and Skills
Membership may vary, according to agenda items for each meeting.
Terms of Reference
To promote the exchange of information required for the transfer of powers between relevant Government Departments To ensure a smooth transition of the new responsibilities to the Scottish Government and that they are delivered in a way that is coherent from the perspective of those who seek to benefit from them To discuss policy and operational practice in areas where responsibility is due to transfer, all in the context of respecting the principle of “no pre-emptive action.” To work cooperatively to deliver the transfer of powers in relation to the spirit of the Smith agreement To allow for open discussions that seek to provide a resolution of contentious and challenging issues
As far as possible discussions should be open, transparent and accessible with the aim of keeping stakeholders fully informed of progress through joint communiques following each meeting (recognising the confidentiality of some aspects of the negotiations). Where an issue needs to be decided upon outside of the schedule of meetings, this may be agreed by correspondence.
Work schedule – priority areas for next 12 months
Draft secondary legislation, regulations or Agency Agreements Scotland Act commencement and implementation Joint transition to devolved and reserved Employment programmes Consider respective policy directions and operational implications for disability related benefits Universal Credit (UC) flexibilities Exchange and access to information and resources Stakeholder engagement
Secretariat
The group will meet regularly, at meaningful points during the implementation process. Meetings will be arranged with agenda items to be agreed in advance. Officials from both governments will discuss potential agenda items to propose to Ministers with the final agenda to be agreed in advance.
The Scotland Office will co-ordinate the Secretariat, with the location of the meetings alternating between London and Edinburgh, where this is feasible.
Chairing of the Group
The Secretary of State for Scotland, and the Cabinet Secretary for Communities, Social Security and Equalities, are the co-Chairs of the group. Chairing of individual meetings will alternate between the two governments.
JOINT MINISTERIAL WORKING GROUP ON WELFARE Atlantic Quay, Glasgow, Thursday 16 June 2016, 09:00-10:30 5th Meeting – Meeting Minutes
Present
David Mundell MP, Secretary of State for Scotland (Co-chair) Angela Constance MSP, Cabinet Secretary for Communities, Social Security and Equalities (Co-chair) Keith Brown MSP, Cabinet Secretary for Economy, Jobs and Fair Work Stephen Crabb MP, Secretary of State for Work and Pensions
In attendance
Ann McVie, Scottish Government Martin McDermott, Scottish Government Katherine Peskett, Scottish Government Stuart Mclean, Scottish Government Richard Cornish, DWP Alison Evans, DWP Michael Allison, DWP James Dowler, Scotland Office Jessica Niven, Scotland Office Julie Humphreys, Scotland Office Keelan Carr, Scotland Office
Note of last meeting and review of actions
1. The note of the last meeting of 12 October 2015 was agreed. There were no outstanding actions. The Secretary of State for Scotland (SoSS) welcomed members. SoSS also said that the group has a significant role in taking forward the transfer of welfare powers procedure.
2. The Cabinet Secretary for Communities, Social Security and Equalities (Cab Sec CSSE) introduced her role and emphasised the importance of the newly established Minister for Social Security role which was important given the scale of challenge and complexity of the social security provisions.
3. The Cabinet Secretary for Economy, Jobs and Fair Work (Cab Sec EJFW) commented that he is keen on a smooth transition of powers. It was agreed that the service provided to benefit recipients will be the primary focus for both Governments.
Terms of Reference of the Joint Ministerial Working Group on Welfare
4. The revised Terms of Reference were tabled given the responsibility for implementation of powers to be with this group. The SoSS and the DFM had previously given an undertaking to the Scottish Parliament’s then Devolution (Further Powers) Committee to publish the Terms of Reference of the group.
SoS DWP confirmed that he is keen to interact with Scottish Parliament in relation to these issues.
5. It was agreed that any Minister who had an interest in the agenda would be able to attend.
6. The Terms of Reference were agreed and the importance of joint working was emphasised. It was agreed that the Terms of Reference would be shared with the Scottish Parliament’s Social Security Committee and the Scottish Affairs Committee. Action: SO
7. It was agreed that future dates for meetings should be agreed in line with need. Action: SO/SG
Scotland Act 2016 Commencement – Tranche 1
8. SoS DWP reiterated his commitment to both Governments working together and noted the excellent engagement at official level to date. Both needed to be mindful of the potential human impact of changes to service delivery.
9. SoS DWP spoke about arrangements for commencing some of the the Welfare Benefit and Employment sections in part 3 of the Scotland Act. It was agreed that 11 of the 13 sections, including Universal Credit and Employment Support, should be commenced in an initial tranche. Once provisions had been commenced, both Governments would need to work together on timescales for deliver y.
10. The SoSS noted that he planned to take the Commencement Order forward next month, along with a companion Written Ministerial Statement.
Action: SO
11. It was agreed that it was important to have a common understanding of practicalities and timetabling of commencement.
12. Cab Sec CSSE noted that she was content with the detail and powers proposed for Tranche 1. Cab Sec CSSE was keen that we take forward work on Tranche 2 in a timely manner.
Any Other Business
13. It was agreed that a joint communique would be agreed between members and issued following the meeting. Action: SO
14. Cab Sec EJFW gave a summary of the portfolio of Paul Wheelhouse, Minister for the Economy and Jamie Hepburn, Minister for Employment who will work to Cab Sec EJFW and DFM.
15. The group agreed to task officials to start a detailed discussion on Tranche 2. Cab Sec EJFW commented that pace needs to be kept behind this work, particularly in relation to Memorandum of Understanding on the use of IT systems. Action: DWP/SO
16. It was agreed that a paper on the practicalities of delivering the flexibilities provided for in the Scotland Act 2016 in relation to Universal Credit would be submitted to SoS DWP and Cab Sec CSSE. It was also agreed that Universal Credit would be on the agenda for the next meeting. Action: DWP/SO
17. It was agreed that the Scottish Government and DWP, working with Scotland Office as necessary, would produce a joint paper on employability plans, for discussion at the next meeting. Action: SG/DWP