Coronavirus (Recovery and Reform) (Scotland) Bill: child rights and wellbeing impact assessment

8. How will the impact of the policy/measure be monitored?

Modifications of the Public Health etc. (Scotland) Act 2008

The impact of the regulation-making power itself will not be monitored; however, as set out, provision has been made for regular review of any regulations.

Arrangements for vaccination and immunisation

Vaccination delivery is consistently monitored across Scotland by the Scottish Government and core stakeholders, such as Public Health Scotland and NHS Boards. Vaccination delivery statistics are reviewed by the Scottish Government.

As the policy removes a barrier to the most efficient arrangement of vaccination programmes, this will have a positive contribution to the wellbeing of children and young people in Scotland. This will support public bodies in Scotland to meet their duties to safeguard, support and promote the wellbeing of children in their area, meeting all eight wellbeing indicators.

Educational establishments etc.

It is the case that significant efforts are being made to assess the impact of the Covid pandemic on children and young people and to incorporate that evidence into the Scottish Government's efforts to support recovery from the pandemic.

Looking ahead to a future public health emergency the Scottish Government would draw on the evidence available from the Covid pandemic to inform policy decisions that are made, particularly in how the regulation making power set out in this legislation is used. It is however not possible to say with any great specificity how a future administration will choose to monitor the impact of these legislative measures.

School consultations

The Scottish Government would maintain links with key stakeholders, for example, local authority representative bodies, individual local authorities, organisations that represent children's rights and parents (as was done during the Covid pandemic). This will help ensure that any specific circumstances or impacts are taken into account when exercising the powers.

Requirements of writing

Solicitors, notaries and advocates will be guided by their professional and regulatory bodies who will monitor the use of the provisions.

The Scottish Legal Complaints Commission acts as a single gateway for all complaints against legal professionals in Scotland. It investigates and resolves complaints about inadequate professional service, refers complaints about the conduct of lawyers to the relevant professional organisation and has oversight of complaint handling across the profession. Serious disciplinary issues relating to the conduct of legal professionals may also be heard before their Discipline Tribunal, via the relevant professional regulatory body.

Custody at police stations

The impact of the policy will be kept under review by the Virtual Custody Working Group attended by all criminal justice partners.

Registration of births

National Records of Scotland ("NRS") meet regularly with local authority registrars and, once remote birth registration is in place, will discuss with local authorities how well the legislation is working in practice.

Registration of deaths

NRS meet regularly with local authority registrars and registration managers. Once remote death registration is in place as a permanent option, NRS will regularly discuss with local authorities how well the legislation is working in practice.

Bankruptcy: meaning of "qualified creditor" and "qualified creditors"

The impact of the policy will be kept under review by the Scottish Government.

Legal aid and advice: Claim for interim payment of fees and outlays

The Scottish Legal Aid Board has a continuing programme of research and analysis relating to both the supply of and access to legal aid, and factors which may affect such supply and access.

Mental health: removal of need for witnessing of signature of nominated person

The Mental Welfare Commission has a statutory function to monitor and report on how the legislation is operating and to raise any concerns about patient welfare.

Removal of mandatory eviction grounds and Pre-action protocol in respect of evictions relating to rent arrears

The recently published draft Rented Sector Strategy consultation reflects the Scottish Government's policy aim of ensuring quality, affordability and fairness for everyone who rents their home. The consultation will give everyone an opportunity to discuss how these two sets of provisions should operate in the longer term. The forthcoming Year 2 Housing Bill will provide an opportunity to further refine these provisions in light of that discussion should that be necessary. The Scottish Government will also continue to liaise with landlord representative bodies and the Tribunal to monitor the impact of these measures.