Draft Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025

Andrew Bowie Excerpts

Tuesday 25th February 2025 General Committees

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

Thank you, Ms Hobhouse—today’s SI has a pithy title. I am grateful to the Minister for her remarks.

Today should serve as a salutary lesson for the new Government about the law of unintended consequences. In 2014, following the referendum on separation, the Smith commission was convened by the then Prime Minister, David Cameron, resulting in a host of recommendations to increase the power and responsibility of the Scottish Parliament. One of the powers devolved through that process was the ability to deliver elements of social security in Scotland. The devolution of certain powers by the Scotland Act 2016 was eminently sensible.

On income tax, for example, although I passionately believe that it is not in the interests of the Scottish people, businesses or the wider economy to have more tax bands and higher tax rates than the rest of the UK, it is an eminently sensible and, indeed, Conservative belief that those responsible for spending public money should also be responsible for raising it. I just wish that Scotland would blaze a trail by being the lowest taxed part of the United Kingdom—I think of the investment and the economic benefits that would be reaped.

We are gathered here this afternoon to discuss the devolution of certain elements of social security, and thereby the increased complexity of how these benefits are delivered to the people of Scotland and how they interact with other benefits and other delivery bodies across the UK. With hindsight, I wonder whether this was a positive move for Scotland and, indeed, the UK.

Broadly speaking, this is a sensible and technical statutory instrument that has our support. Clearly, those who are entitled to Scottish adult disability living allowance should not also be entitled to the UK Government’s disability living allowance, attendance allowance or personal independence payment. The fact we have to take the time and effort to legislate to make sure that is the case is plainly absurd.

The explanatory notes set out plainly that we are also legislating to ensure that those receiving Scottish adult disability living allowance retain access to the same treatment as those on disability living allowance:

“while Scottish Adult Disability Living Allowance operates in a broadly similar way to Disability Living Allowance, it should interact with reserved social security benefits in the same way as Disability Living Allowance.”

Of course, it should. But that statement never needed to be made, that explanation was not required and this legislation was not needed before the creation of an entirely separate operation to deliver what is, in effect, the exact same benefit. We have created additional barriers, burdens and borders where there were none before, and we have added no benefit whatsoever for those receiving benefit payments either north or south of the border. It has cost more than £650 million to establish Social Security Scotland, which is years late, has resulted in duplication and has added cost and complexity to the process.

The Smith commission, the Scotland Act 2016 and Social Security Scotland were all established, convened, reported and legislated for before any of us on this Committee were elected to this place. They are now a fact, but a lesson must be learned by the Labour Government. Just as many Labour members believed in 1997 that devolution would kill nationalism stone dead, too many UK politicians of all parties—my own included—believe that giving ever more to the Scottish Government will appease the SNP’s desire to break away. Far too often, far too little thought has been given to the impact of devolution on the specific policies or functions on which people rely. Is the complex, expensive, duplicative and bureaucratic quagmire of Social Security Scotland after the 2016 Act really to the benefit of those in receipt of benefits?

We must ensure that we do not have devolution for devolution’s sake. What must be decided is whether the devolution of a certain power or powers to the Scottish Parliament will or will not have a beneficial impact on the lives of the people and businesses of Scotland. If the answer is no, the answer must be no.

I have some practical questions for the Minister about the implementation. Social Security Scotland and the Department for Work and Pensions will need a very sophisticated operating system to ensure that the provisions of this draft order become a reality. Is the Minister confident that the systems are in place to accurately determine who is in scope and to avoid the duplication that this SI seeks to avoid? Given the cost and delays to Social Security Scotland—the IT systems have already cost more than £220 million—does the Minister have any indication of the cost of ensuring that the system is able to cope? On the other side of the coin, will the system be sufficiently agile to ensure that complex situations do not result in people being denied the payments to which they are entitled?

Likewise, in relation to Northern Ireland, article 5(3) may be quite complicated to administer. What work has the Minister undertaken with the Northern Ireland Executive to ensure a properly joined-up system across these islands? Although there has not been a formal consultation on the changes made by this draft order, will she update the Committee on whether she has consulted informally? Is she working with the Scottish Government on an information campaign to ensure that those affected are aware of the changes?

Finally, it is possible that the Scottish and UK rates could diverge over time, with one becoming higher or lower than the other. Has the Minister assessed what this would mean for broader eligibility for UK Government benefits or, indeed, for people living on either side of the border? I note that the draft order will need to be reviewed should there be changes to the Scottish adult disability living allowance or the reserved legislation. Can the Minister outline what circumstances would bring this about?

On a broader point, the devolution of welfare is not straightforward. It may well become much more complex over time as the systems diverge. Why we devolved welfare in the first place remains a complete mystery to me, but I would appreciate answers to my substantive questions.