Scottish Parliament launches consultation on legislation to create a Scottish Employment Injuries Advisory Council

New independent body would play a similar role to the IIAC, with a range of functions including scrutinising employment injuries assistance legislation and carrying out research on workplace injury or disease

The Scottish Parliament has launched a consultation on legislation that would create a Scottish Employment Injuries Advisory Council (the Council).

Further to the devolution of powers in relation to industrial injuries disablement benefit (IIDB) from the UK Government to the Scottish Government through the Scotland Act 2016, the Scottish Government will in future legislate for employment injuries assistance (EIA) in place of the current UK Government IIDB scheme.

While the new devolved benefit has yet to be launched – Social Security Minister Ben Macpherson advised the Scottish Parliament in February 2023 that the government plans to consult on it 'in the next few months' – the Scottish Employment Injuries Advisory Council Bill has been introduced by Mark Griffin MSP to establish the Council as an independent body separate from the Scottish Government.

The explanatory notes accompanying the Bill advise that –

'The Bill establishes the Council to play a similar role as the Industrial Injuries Advisrory Council (IIAC) but in Scotland, with a range of functions including scrutinising related legislation, reporting to the Scottish Ministers and the Scottish Parliament and the addition of research functions. The functions and expertise of the Council will compliment and in the case of legislative scrutiny and reporting replace the role of the Scottish Commission for Social Security under the Social Security (Scotland) Act 2018 in relation to employment-injury assistance.'

In a call for views on the Bill, the Scottish Parliament seeks views on its provisions, including –

• whether the new body should be created and, if so, whether it will require any additional functions or powers to be effective;
• the benefits or drawbacks of creating a new Advisory Council and how the new body would operate alongside the Scottish Commission on Social Security (which already has powers to scrutinise Scottish social security regulations and to provide reports to the Scottish Government);
• whether the size and balance of the Advisory Council’s membership is correct to deliver the Bill’s purpose; and
• whether the timing of the Bill, ahead of the Scottish Government legislating for EIA, is appropriate.

The call for views is open until 11 September 2023.

For more information, see Scottish Employment Injuries Advisory Council Bill – call for views from parliament.scot