Draft legislation takes few steps backwards from Smith

Three days ahead of its Burns Night deadline, the UK Government has published its draft legislation to enact the powers proposed by the Smith Commission. It’s fair to say that SCVO’s response to the Smith Commission’s proposals was… well to put it politely, mixed. So now the draft clauses are here has the mood improved? In short, no. Obviously with 138 pages to read a more detailed analysis of the legislation will follow but our initial response is one of resigned disappointment. We knew that translating Smith’s proposals into a Bill wasn’t going to be easy. As a result ,what we’ve got is an often incoherent set of clauses that haven’t gone beyond Smith and in some instances have actually gone backwards. The biggest disappointment comes with employment support. I confess when Smith emerged with its line: ‘all powers over support for unemployed people,’ I got a little excited. I saw this as an opportunity for the third sector to help deliver employment support in Scotland but now my half full glass appears to be half empty.

What we’ve got is an often incoherent set of clauses that haven’t gone beyond Smith and in some instances have actually gone backwards

Admittedly, I did raise concerns about the logistical issues around conditionality. Clearly I was right to do so, with today’s legislation allowing for mandatory referrals to be made to Scottish Government schemes. Among the many questions this raises, my immediate concern is about capacity of any new support programme deliverer to meet a demand it’s not in control of. In addition, the draft clauses appear to place a number of restrictions on any schemes implemented by the Scottish Government. For example, that any programme of support must assist the claimant for at least one year. Yet, I’m ever the optimist. These are but draft clauses and there’s a long General Election campaign to come before a government of any guise actually lodges a bill with Westminster.  There’s time yet to make this work.