Education, Culture and Sport Committee, 14 Jun 2000

Meeting date: Wednesday, June 14, 2000

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Care Standards Bill

I welcome the Minister for Children and Education to the committee. He is here to answer questions on the UK Care Standards Bill.

I will explain briefly what the bill is about. I have been working on the subject for a couple of years. The Sewel convention is a method for dealing with what in the Scotland Act 1998 are called cross-border public authorities. Those public authorities are reserved under legislation, but act in devolved areas. In this case we are discussing the Central Council for Education and Training in Social Work.

All authorities have decided that they are going to change the social work regulations, not only in relation to the education and training of social workers, but in relation to care. In June we will introduce a bill that will set up the Scottish commission for the regulation of care and a council to regulate the social work profession. They are slightly ahead of us at Westminster, where the Care Standards Bill is already under consideration. That bill will abolish CCETSW in England and Wales, so Westminster will have the new powers very soon.

As our legislation is not at that stage, we do not yet have such powers. However, the Executive and the UK Government intend to abolish CCETSW at the same time and to introduce a new body on 1 October 2001. In practice there will be no difference. In case these things get out of alignment, however, we need the powers under clause 66 of the bill to allow the Privy Council to introduce regulations relating to CCETSW once we have established the successor bodies. That is a power that will have to be introduced in Westminster to allow its body to exercise powers as soon as it becomes functional. The legislation is concerned with transferring liabilities, workers and their rights and responsibilities and is a highly technical measure that is necessary for us to set up our devolved regulations and councils. It is essentially a piece of Westminster legislation that deals with a cross-border public authority which is currently reserved under Scottish legislation.

A motion can go to Parliament for approval only after the committee has considered the matter, which is why I have put the memorandum before members today.

The minister has already answered most of my questions. I was concerned that when CCETSW disappeared we would not be ready to put in place an alternative in Scotland. However, the minister has confirmed that that will happen on 1 October 2001.

That is our intention, but whether we are ready in time is dependent on Parliament and interested politicians. Under clause 66 of the Care Standards Bill, the powers will be retained and the regulations will be made only when we are ready to transfer them.

You mentioned the transfer of staff and property liabilities. I understand that that is currently an English capacity. Will the transfer be devolved?

Yes. That is the purpose of the powers. We make a contribution to CCETSW, which is not an English body; it has a UK capacity. We make a contribution every year and we have certain powers and authorities. All those functions and powers will be transferred directly to the successor bodies.

Will that include the heritable property and so on?

Yes. That is what the regulations are about. We will get our fair share.

If there are no further questions, I will thank the minister for attending the meeting.

Thank you.