25/05/2017

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:00:44. > :00:51.Executive in general, policy worker, women's goodish raid. We have

:00:52. > :00:55.brought the discretion by bringing the first question. I do know from

:00:56. > :01:01.the submissions, other members will be asking further questions. The

:01:02. > :01:06.child tax credit is an area which basically feels your time and people

:01:07. > :01:14.ask most questions about child tax credits and they have been seeking

:01:15. > :01:18.advice. The introduction of the cap, the increase, we have had people

:01:19. > :01:22.enquiring and also how you perceive this legislation, which has gone

:01:23. > :01:32.forward and how this will affect your clients. In terms of child tax

:01:33. > :01:41.credits, it's one of the most common things that people will seek advice

:01:42. > :01:48.on. Around 13,300 cases in the last year. In terms of, since the

:01:49. > :01:54.introduction, because it's only been six weeks and because it's only

:01:55. > :01:59.affecting children who were born after the 6th of April, there hasn't

:02:00. > :02:07.been a huge spike and what we would expect to see is a gradual increase

:02:08. > :02:17.over time. As more children are born and people will come for advice

:02:18. > :02:23.about back. OK. -- about that. Our concern is for women who are

:02:24. > :02:27.experiencing domestic abuse and the importance of Social Security as a

:02:28. > :02:33.safety net for women when they leave an abusive partner. The evidence we

:02:34. > :02:39.have submitted highlights the impact of the cuts to social security on

:02:40. > :02:46.women especially parents, the majority of whom are women, lone

:02:47. > :02:51.parents, and we see this limit as going to further impoverished women.

:02:52. > :02:57.Which then limits their capacity for action. And their ability to make

:02:58. > :03:02.choices and their ability to leave an abusive partner and for women,

:03:03. > :03:08.deep to child limit, if they are having a third child, and the case

:03:09. > :03:11.study that Weise omitted -- the two child limit, if they are having a

:03:12. > :03:16.third child, and the case study that we submitted, with a woman who is

:03:17. > :03:21.working part-time as a cleaner with a very insecure contract and is

:03:22. > :03:25.pregnant but with ill health, as a result of domestic abuse, this is a

:03:26. > :03:30.typical example of the women that Womens Aid works with, and this will

:03:31. > :03:36.really affect women in this situation in terms of, can they make

:03:37. > :03:41.that move to leave an abusive partner or not? They will have to

:03:42. > :03:45.weigh this up and it reinforces the message is that women get from an

:03:46. > :03:48.abusive partner, that they are not of equal value and they will be able

:03:49. > :03:55.to manage on their own and their children will suffer as a result of

:03:56. > :04:03.them leaving that partner. OK. We don't have service uses but along

:04:04. > :04:07.with a range of women's organisations we have been doing

:04:08. > :04:11.work to test some of the ideas around the proposed Social Security

:04:12. > :04:16.changes and the use of the new powers in Scotland. Women are deeply

:04:17. > :04:21.concerned by the introduction of the two child limit, extremely horrified

:04:22. > :04:27.by the notion of the rape laws and other exemptions, but also have a

:04:28. > :04:32.strong sense that this is a signal from the UK Government that women

:04:33. > :04:37.who are living with poverty should not be having more than two children

:04:38. > :04:41.and that the same choices about how to plan their lives and their

:04:42. > :04:47.families are therefore not open in the same way and not supported by UK

:04:48. > :04:49.Government which I think it's a profoundly stigmatising message to

:04:50. > :04:56.send through the Social Security system. To follow up on that

:04:57. > :05:01.slightly. When it's child tax credits top up, basically in your

:05:02. > :05:05.opinion, if you are going to have three children and you are having to

:05:06. > :05:09.produce this letter, if you are going forward for any kind of

:05:10. > :05:16.benefits, would you perceive that people have too produced a letter as

:05:17. > :05:21.well? What is the knock on effect? Most working families are not on

:05:22. > :05:24.benefits as such and it might not have an affect on the other aspects

:05:25. > :05:30.of the welfare system for these women? -- it might have an effect.

:05:31. > :05:35.That is a good question, and something about which we are not

:05:36. > :05:43.clear. The letter which we have sent to Damian Hines, UK minister for

:05:44. > :05:46.employment, asked ten abroad questions -- abroad questions about

:05:47. > :05:52.the way in which information will be gathered and stored, and how it will

:05:53. > :05:57.be signified in communications which might need to be sent to other

:05:58. > :06:02.agencies. There has been concern amongst England -based organisations

:06:03. > :06:05.that web parents are making applications for free school meals

:06:06. > :06:10.they will have to show a letter that is maybe coded in such a way that

:06:11. > :06:17.makes it clear that a child has been conceived as a result of rape and we

:06:18. > :06:20.are desperately concerned about the potential breach to privacy and

:06:21. > :06:25.dignity of the child and of the mother that that would entail, but

:06:26. > :06:32.that the implementation of the rape clause has been extremely opaque and

:06:33. > :06:35.the recent we have written to the minister is to seek urgent

:06:36. > :06:43.clarification on a range of questions that women are certainly

:06:44. > :06:49.posing to us. The letter spells out a lot of our concerns about how that

:06:50. > :06:54.information will be used, if women were to choose to complete that

:06:55. > :07:00.form, which I think is questionable. And also the lack of progress see, I

:07:01. > :07:05.think, as you said, if you are applying for a grant and you have to

:07:06. > :07:11.provide proof of income, there are only a couple of reasons why you

:07:12. > :07:17.might be receiving tax credits for three children and so how will that

:07:18. > :07:27.information be protected. That's one of the key questions that we have.

:07:28. > :07:30.Yes, I think... Losing the entitlement to tax credits will

:07:31. > :07:37.result in a loss of income and we have seen from previous changes in

:07:38. > :07:44.2012, and we had a glimpse with the issues around people's tax credits

:07:45. > :07:52.being stopped and how much of an impact tax credits have on family

:07:53. > :07:58.income is. That people will be driven further into hardship. In

:07:59. > :08:06.terms of the technical interplay between the benefits. It might have

:08:07. > :08:15.an effect on people's entitlement to other benefits. Need to go through,

:08:16. > :08:24.I suppose, particular cases to see if there is a change of entitlement.

:08:25. > :08:32.But, yeah, I think it's something that might have an impact on wider

:08:33. > :08:36.things. Alison Johnson? Thank you. Thank you panel, especially for some

:08:37. > :08:42.very informative written submissions. I note from the

:08:43. > :08:49.submissions that there is a particular impact on the two child

:08:50. > :08:52.limit on religious committees and black and minority ethnic

:08:53. > :08:57.communities -- religious communities. I'm concerned about the

:08:58. > :09:02.evidence base for this policy and it seems to come from a view that those

:09:03. > :09:09.who claim child tax credits should have to be subject to the same

:09:10. > :09:13.financial decisions as those who can't claim it, but as has been

:09:14. > :09:20.noted, most people claiming tax credits are working, 69%, and there

:09:21. > :09:25.are two parents in the home, 64%. Are there any weaknesses in the way

:09:26. > :09:32.this policy has been justified? Yes, I think you have put your finger on

:09:33. > :09:37.a number of weaknesses in the development of the policy. I think

:09:38. > :09:43.our analysis of the statements that government has made throughout the

:09:44. > :09:48.development of the two child limit but also the exemptions has been

:09:49. > :09:51.that there has been very little clarity about the underlying

:09:52. > :10:00.thinking behind the policy and the evidence base for the policy. And a

:10:01. > :10:04.failure to impact assess the policy. And UK Government is required as all

:10:05. > :10:10.public bodies are to undertake a quality impact assessment. The

:10:11. > :10:13.equality and human rights commission has also written to Damian Hines to

:10:14. > :10:20.say they don't feel this has happened. And therefore the impact

:10:21. > :10:24.on those communities that you in the array, women, black and minority

:10:25. > :10:28.ethnic people, has not been captured -- that you Nimrud.

:10:29. > :10:35.There is not an evidence base which has been shown to the public to

:10:36. > :10:38.explain why the UK Government would think this would incentivise

:10:39. > :10:45.families to behave in a different way. There is one very brief

:10:46. > :10:51.reference to works that the IFS has done in the impact assessment,

:10:52. > :10:57.published on the welfare referred and work act, and that does not

:10:58. > :10:59.amount to a commencing case to suggest that reducing tax credits

:11:00. > :11:05.will encourage families to make different choices -- convincing

:11:06. > :11:10.case. And the children they have. Common sense will tell us, if you

:11:11. > :11:14.can claim child tax credits on till the age of your child being 20, that

:11:15. > :11:21.people do not have a crystal ball to see into the future and bereavement,

:11:22. > :11:26.illness, disability, family breakdown, blending your family with

:11:27. > :11:30.that of another person, all of these things are not predicted by people,

:11:31. > :11:35.but we know they happen to millions of families across the UK. To

:11:36. > :11:40.compound the weakness of the argument for doing it in the first

:11:41. > :11:44.place, comes I think the additional indignity that the needs of

:11:45. > :11:47.communities which are protected by law including women have just not

:11:48. > :11:52.been considered adequately in the development of this policy. Thank

:11:53. > :12:01.you. Would anyone else like to comment? There is a range of

:12:02. > :12:08.situations where people who... Are not claiming tax credits at the

:12:09. > :12:11.point their child is born, might need to claim tax credits if their

:12:12. > :12:16.family breaks up, if someone is made redundant, if someone falls ill, and

:12:17. > :12:22.so it cannot be the case and sincerity at the time that when the

:12:23. > :12:31.child was planned and born, -- cannot be the case that it was

:12:32. > :12:35.conceived when the child was planned and born, that they would need tax

:12:36. > :12:39.credits in the next few years. This will impact the lone parents in

:12:40. > :12:45.particular, especially those who would have three or more children,

:12:46. > :12:50.affected by other changes, as well, to the Social Security system. From

:12:51. > :12:58.official figures published, it seems the reduction of the benefit cap,

:12:59. > :13:03.57% of households affected in Scotland and lone parents with three

:13:04. > :13:07.or more children. There is concern that there will be a double whammy

:13:08. > :13:13.between the benefit cap and the changes to the tax credit system and

:13:14. > :13:18.to other Social Security changes coming in such as the changes to

:13:19. > :13:21.employment support allowance and the reduction... The removal of the

:13:22. > :13:29.family element in tax credits, as well, we'll have quite a significant

:13:30. > :13:39.squeeze on family income for people with three or more children -- will

:13:40. > :13:44.have. There is an assumption that the two child limit assumes equal

:13:45. > :13:51.control over in different families on making such decisions over

:13:52. > :13:55.whether to have children or not. And many women who are experiencing

:13:56. > :14:00.domestic abuse sexual finance and rape as a component of their

:14:01. > :14:04.experience -- domestic abuse, sexual violence was the women don't have

:14:05. > :14:13.control over their reproductive rights. Excuse me. Did you want to

:14:14. > :14:17.come in again? You have spoken about rights a lot in your responses, and

:14:18. > :14:22.I would like to understand your thoughts regarding the impact of the

:14:23. > :14:26.two child limit and the vocals on the rights of the child the mother.

:14:27. > :14:44.-- and the rate clause. There has been disagreement over

:14:45. > :14:51.what the claimant has to do to prove it. The woman writes her name, and a

:14:52. > :15:00.third-party professional helping her sets out the rest. This is an

:15:01. > :15:04.accurate, and as far as I am aware, there are no third-party referees in

:15:05. > :15:09.Scotland. They were willing to undertake this, being involved in

:15:10. > :15:15.such a dreadful situation. Can I ask you to give the committee or view on

:15:16. > :15:25.the impacts and rights of the child, and what has to happen? I am happy

:15:26. > :15:32.to start. The exemption rate, about the rights of the woman and the

:15:33. > :15:38.child, it contravenes women and children's rights to privacy. The

:15:39. > :15:43.form itself does require a lot more. Then just the woman putting her name

:15:44. > :15:48.on the form. She has to write her own name, write the name of the

:15:49. > :15:55.child, and sign to say she believes the child was conceived as a result

:15:56. > :16:00.of rape. The form at the top as in really large font, says it is a form

:16:01. > :16:08.you are filling in to say your child has been conceived as a result of

:16:09. > :16:11.coercion or rape. Something we believe would be extremely

:16:12. > :16:19.distressing falling to consider doing. We know from our work, and

:16:20. > :16:23.the work of Rape Crisis Scotland, that it would be traumatising.

:16:24. > :16:27.Having to contemplate filling in the form to say your child has been

:16:28. > :16:33.conceived as a result of rape would be for women, at a time not of their

:16:34. > :16:37.choosing to do so. Having no control on what might happen to the

:16:38. > :16:44.information. We agree with the equality and human rights

:16:45. > :16:51.commission, writing to the Minister, to say in their view in invasive

:16:52. > :16:58.reporting requirements or penalising women. Also it was the real issue,

:16:59. > :17:03.the child potentially finding out they were conceived as a result of

:17:04. > :17:07.rape. We know that women will go to huge lengths, it is the last thing

:17:08. > :17:13.they want their child to know that they were conceived as a result of

:17:14. > :17:17.rape. We know clinical psychologists have written to the Minister as well

:17:18. > :17:24.outlining their concerns about the impact it would have on women, and

:17:25. > :17:30.also of children. Because they work to support children as a result of

:17:31. > :17:40.rape, and her traumatising that can be. On the point about third-party

:17:41. > :17:45.referrers, we're not aware of any organisation you have agreed to be a

:17:46. > :17:52.third-party referrer in Scotland. There is a list of organisations

:17:53. > :17:56.under the survivors trust umbrella, organisations working with women who

:17:57. > :18:05.have experienced violence against women, and they have produced a kind

:18:06. > :18:09.of blanket membership list. From our discussions with the individual

:18:10. > :18:14.members on that list, none we have spoken to has affirmatively agreed

:18:15. > :18:19.to be a third-party referrer. One of the questions we have asked the

:18:20. > :18:22.Minister, how can this be implemented in Scotland, given the

:18:23. > :18:29.circumstance, and the communication from the Cabinet Secretary for

:18:30. > :18:36.health, that NHS staff will not be participating, as a result of it

:18:37. > :18:41.being a breach of their personal ethics, on human rights concerns.

:18:42. > :18:46.The House of Lords, the post-ledger scrutiny committee looked at this

:18:47. > :18:52.question. Looking at the two statutory incidents, framing what is

:18:53. > :19:00.now known as the rape laws, they asked the question of appeals.

:19:01. > :19:04.Howard appeals process would work. The DWP has articulated because of

:19:05. > :19:08.the third-party referrers, the DWP will not be involved in making the

:19:09. > :19:15.key deliberations, and have access to this sensitive information. The

:19:16. > :19:17.response they made to the House of Lords, that the usual appeals

:19:18. > :19:24.process would apply in the circumstance. DWP staff would have

:19:25. > :19:29.access to the most sensitive information, the contents of the

:19:30. > :19:35.disclosure, if there was any question about the veracity of it.

:19:36. > :19:40.You wanted to come and present a follow-up to your answer, to Alison

:19:41. > :19:49.Johnson, on the equality impact assessment. You meant specifically

:19:50. > :19:54.minority ethnic communities. We're talking about, from April of this

:19:55. > :20:00.year, so we don't have, I don't know what assumptions we are making. Have

:20:01. > :20:04.you had any discussions with organisations in the minority ethnic

:20:05. > :20:11.community? To my knowledge, nobody has raised the issue, linked to the

:20:12. > :20:20.Catholic community, which I am one, and you tend to have big families in

:20:21. > :20:27.the past. Tens to depend on which doctrine of the Cerci follow. That

:20:28. > :20:31.by not using contraception, and I wonder, do you have any figures on

:20:32. > :20:35.the size of families in the communities you are talking about,

:20:36. > :20:41.and have you had discussions with the churches and groups you are

:20:42. > :20:46.talking about? The churches, and the many faith -based community

:20:47. > :20:51.representative organisations made strong representations to the DWP

:20:52. > :20:57.during the formulation of this policy based on the concerns that

:20:58. > :21:01.the member raised. In our submission to the consultation which happened

:21:02. > :21:06.in November 20 16th of the DWP consulted on the implementation of

:21:07. > :21:14.the exceptions for a period of one month. We submitted, as did others,

:21:15. > :21:16.evidence outlining the issue for black, minority and ethnic

:21:17. > :21:29.communities. Faith -based communities. For terminating

:21:30. > :21:35.pregnancies that Heather Rose, when they are ready two children and

:21:36. > :21:39.there is a question about the evidence base on which the

:21:40. > :21:44.government is acting in this regard. One of the questions we have to the

:21:45. > :21:48.Minister, how many terminus nations do you expect to rise as a result of

:21:49. > :21:53.this policy Chris Burke it seems to us without a clear impact and

:21:54. > :22:00.quality assessment, and without a clear publication of any evidence or

:22:01. > :22:03.thinking on the part of UK Government, they are indeed

:22:04. > :22:09.expecting that women will terminate pregnancies arising when they

:22:10. > :22:15.already have two children. That is insupportable, given the attitude

:22:16. > :22:19.you outline for other religious communities to that particular

:22:20. > :22:25.medical practice. Interestingly, to us, the UK Government did not adopt

:22:26. > :22:31.the exception which is widely used in the case of American family caps,

:22:32. > :22:36.and this policy has very much been copied wholesale from those being

:22:37. > :22:45.introduced in 90s Clinton social welfare reform moves. It does not

:22:46. > :22:48.include an exception for the instances where long acting

:22:49. > :22:53.reversible contraception has failed. In America that was very much the

:22:54. > :22:57.case. If you use an implant, and that did not work to prevent

:22:58. > :23:04.pregnancy, you would also receive an exception. That very question was

:23:05. > :23:10.put to the House of Lords to the DWP, they came back and said we need

:23:11. > :23:16.something that is easy to prove. We are content with the exceptions as

:23:17. > :23:23.they stand. Which I think is quite inconsistent as a position about

:23:24. > :23:29.introducing thinking in families about the number of children they

:23:30. > :23:35.can afford. As to your question about having spoken to black,

:23:36. > :23:44.minority and ethnic organisations? Yes, they are members of Rape Crisis

:23:45. > :23:47.Scotland and Scottish Women's Aid, organisations which have contributed

:23:48. > :23:55.to the position of the umbrella organisations. In terms of the

:23:56. > :24:03.churches, drawing on the written material, and the written material

:24:04. > :24:08.regarding the policies. You wanted to come in? On a supplementary? I

:24:09. > :24:15.was interested in the comparisons that gendered through among the

:24:16. > :24:18.American case studies. I don't know whether there are any other points

:24:19. > :24:26.you want to draw out on that. Particularly the fact that the

:24:27. > :24:32.family captive not change behaviour. Actually pushing people further into

:24:33. > :24:38.poverty. Associating myself with the premises behind Alison Johnson's

:24:39. > :24:42.question, it is important to remember this policy will affect a

:24:43. > :24:46.huge amount of people who are in work. Given the research from

:24:47. > :24:54.Cardiff University which came out this week, 60% of those in poverty

:24:55. > :24:58.are in work. This policy is important to remember, where it

:24:59. > :25:05.sits, in terms of the social economic make-up of the UK. If you

:25:06. > :25:18.don't mind, because the American question has been raised. I would

:25:19. > :25:25.like to drill a bit harder in to the point raised about changing

:25:26. > :25:27.circumstances. Take a leaf from Women's Aid them in the policy

:25:28. > :25:35.ignores real life, when contraception fails, unemployment,

:25:36. > :25:38.ill-health. It would be good for all of us to understand what you're

:25:39. > :25:41.feeling is on the ground around those issues, and how the policy can

:25:42. > :25:58.affect? With Cas, particularly the point

:25:59. > :26:02.with families and work, with secure partners, falling in and out of the

:26:03. > :26:07.labour market, people receiving tax credits may need to reapply in the

:26:08. > :26:18.future, that will have an impact on the family cap policy. The question

:26:19. > :26:24.you raise about engendering the US evidence. I would be clear we are

:26:25. > :26:27.not experts on the US experience. We did a brief literature review memory

:26:28. > :26:33.of pulling together our response to the consultation, looking Iran for

:26:34. > :26:42.examples of where this had and had not functioned internationally. The

:26:43. > :26:47.findings in the US context, many families that had caps since the

:26:48. > :26:51.mid-90s, they have not really affected the number of children born

:26:52. > :26:55.into families. They have slightly increase the rate of pregnancy

:26:56. > :27:04.terminations, where state funding was available for those medical

:27:05. > :27:09.procedures. They have substantially impoverished women principally, lone

:27:10. > :27:14.parents, who were subject to those family caps. Although the context is

:27:15. > :27:18.slightly different, because they were principally applied to the

:27:19. > :27:24.types of social security payments received by people not in paid work.

:27:25. > :27:29.They have had the effect of making it so women could not afford such

:27:30. > :27:37.things as nappies, food for their children, housing costs. Really have

:27:38. > :27:43.profoundly impacted on women's security, dignity and adequate

:27:44. > :27:50.standard of living. Really acting against children's rights. In

:27:51. > :27:53.Scotland, we are trying to realise the ambitions of the Convention on

:27:54. > :27:59.the rights of the child. Everything that goes into the committee on the

:28:00. > :28:06.rights of the child, emphasises that. Social Security payments to

:28:07. > :28:15.parents is a fundamental part of ensuring children have an adequate

:28:16. > :28:28.standard of living. It will be something mentioned, we will see a

:28:29. > :28:34.growing impact of the policy, rough calculations on the number of births

:28:35. > :28:44.in Scotland, just over 7000 children born since the start of April. It is

:28:45. > :28:50.not a huge amount that would be affected by the policy as of yet.

:28:51. > :29:00.Something like 150 children born every day in Scotland. Numbers

:29:01. > :29:10.growing of people who will have a third child, then seek advice on how

:29:11. > :29:22.they can maximise their income through claiming tax credits or not.

:29:23. > :29:28.Quite a large amount of advice that we give is making claims for child

:29:29. > :29:36.tax credits, universal credit, for people in work, or could be in

:29:37. > :29:41.precarious or insecure work. Basically need support to pay basic

:29:42. > :29:50.living costs. The impact might be slightly

:29:51. > :29:57.unpredictable, we don't necessarily know what is going to happen in

:29:58. > :30:03.people's lives but also many people will need support from tax credits

:30:04. > :30:07.and universal credit in the future, and won't be able to get the

:30:08. > :30:20.additional support that would come for a third child. Do you want to

:30:21. > :30:23.come in? To supplement what Emma has said about the evidence from the

:30:24. > :30:29.United States, we also had a literature review and redesigned how

:30:30. > :30:33.that worked for women who are experiencing domestic abuse and

:30:34. > :30:38.there has been significant research done about the impact for women in

:30:39. > :30:43.that situation. The track meant that resulted has a women not being able

:30:44. > :30:48.to access Social Security -- the entrapment that resulted. To help

:30:49. > :30:52.them rebuild their lives and take care of their children but they also

:30:53. > :30:58.had similar domestic violence exemptions for women in that

:30:59. > :31:05.experience and this was found to be largely unused because women did not

:31:06. > :31:08.trust the welfare agency and felt shame and humiliation in having to

:31:09. > :31:16.use these in order to get Social Security for their children. And

:31:17. > :31:19.that's also the Parisian deprivations from that process meant

:31:20. > :31:27.they did not then go and access other forms of assistance and

:31:28. > :31:31.support and so that further impoverished them and their children

:31:32. > :31:36.because they slipped out of the system altogether and that was a

:31:37. > :31:44.concern in terms of women and children's health. I've done a lot

:31:45. > :31:49.of work recently with women and their own experiences, in terms of

:31:50. > :31:56.the impact on Social Security reform and their ability to rebuild their

:31:57. > :31:59.lives when they become lone parents following a relationship separation

:32:00. > :32:04.as a result of domestic abuse and often because of their circumstances

:32:05. > :32:06.where they have been prevented from working and they have been primary

:32:07. > :32:12.caregivers for their children for a long period, it is difficult for

:32:13. > :32:18.their paid employment, and so they are often ending up in low-paid

:32:19. > :32:22.insecure jobs where they need tax credits to supplement their income

:32:23. > :32:29.in order to be able to retain their independence. What we are beginning

:32:30. > :32:34.to see from some Womens Aid support workers, when women are coming for

:32:35. > :32:39.the initial assessment looking for support and have maybe been brought

:32:40. > :32:44.by social work or the police, and looking at what their entitlements

:32:45. > :32:50.will be to Social Security support, they often don't see these women

:32:51. > :32:53.again because they are having to weigh up either going to support

:32:54. > :33:00.themselves and their children in these circumstances and that is of

:33:01. > :33:07.huge concern to us and we have heard of evidence recently which has been

:33:08. > :33:09.given to the inquiry on the destitution of many women that we

:33:10. > :33:17.are seeing now in these circumstances. ... Increase of

:33:18. > :33:22.currencies that you describe. We are gathering case studies, and doing

:33:23. > :33:25.focus groups with women, but certainly that has been my

:33:26. > :33:29.experience in working with groups of women who have direct experience of

:33:30. > :33:32.these issues, that is what they are saying and that is what they are

:33:33. > :33:37.struggling to come to terms with when they are being encouraged to

:33:38. > :33:41.seek support that they should not be living with domestic abuse, but the

:33:42. > :33:48.reality of their lives afterwards, women with children, there is a real

:33:49. > :33:51.sense of injustice and that is why their lives have ended up and they

:33:52. > :33:57.often described it as a real struggle. They don't see a way out

:33:58. > :34:04.of this situation. Do you want to come in? I want to ask a couple of

:34:05. > :34:07.supplementary 's arising out of the question is that our son had a while

:34:08. > :34:14.ago, and thank you for your very powerful evidence -- questions that

:34:15. > :34:19.Alison had a while ago. The case you make against the two child cap is a

:34:20. > :34:24.case that makes it sound to me like very much this is a policy which is

:34:25. > :34:27.illegal. The arguments that you make about the contravention of the

:34:28. > :34:34.equality act and the argument that you make about privacy concerns and

:34:35. > :34:39.data protection concerns, they are not just political points, in which

:34:40. > :34:44.you are arguing that the policy is not wise and inappropriate, they are

:34:45. > :34:50.also legal points on which you are arguing that the policy is unlawful,

:34:51. > :34:57.and my first question arising out of what you have said, what action are

:34:58. > :35:07.your organisations taking to challenge these policies in the

:35:08. > :35:15.courts, in Scotland or in England? That particular one first. Emma. We

:35:16. > :35:32.are considering our options in that regard. Why wait? Mr Tomkins, if you

:35:33. > :35:37.could wait. I agree with what Emma has said, our first response has

:35:38. > :35:41.been to ask for much more detailed information from the minister on the

:35:42. > :35:49.issues we are concerned about and how they will be addressed. And I

:35:50. > :35:56.think as citizens advice has said, the policy is relatively new, and if

:35:57. > :36:05.in terms of looking for evidence and taking any further action, that

:36:06. > :36:16.needs to be developed. Do you want to come back in with your other

:36:17. > :36:25.supplementary? I mean, we don't to bring it in test cases, the way that

:36:26. > :36:29.other organisations who are looking to bring a legal challenge, but I

:36:30. > :36:38.think it would be something that the citizens advice Scotland would

:36:39. > :36:44.necessarily initiate. The reason why I asked that question, over the

:36:45. > :36:47.course of the last decade, legal actions taken in the courts have

:36:48. > :36:53.been a very successful means of putting the brakes on policies

:36:54. > :36:57.including welfare reform policies that groups such as the ones that

:36:58. > :37:05.you work with have thought to be contrary to basic provisions of the

:37:06. > :37:10.basic provisions of data protection or privacy law, so I think this is a

:37:11. > :37:18.useful avenue for you and your organisations, that you should be

:37:19. > :37:24.thinking about. It seems to me also, that the two child cap on tax

:37:25. > :37:31.credits is a test of something that was very important to the Smith

:37:32. > :37:36.Commission of which I was a member. What the Smith Commission did, was

:37:37. > :37:41.to agree that a whole range of welfare benefits should be devolved

:37:42. > :37:46.in full to this parliament and that in addition the Scottish parliament

:37:47. > :37:53.would have the power to top up any reserve to benefit. The idea being

:37:54. > :37:59.that the United Kingdom would set the floor, and the Scottish

:38:00. > :38:03.Parliament would not be able to lower the floor, but the United

:38:04. > :38:07.Kingdom would not set the ceiling. And if this parliament thought the

:38:08. > :38:11.floor had been set too low by the United Kingdom, we would have the

:38:12. > :38:19.power to top up any reserve benefit whether that is within devolved or

:38:20. > :38:24.not. And there has been a vote in this parliament, 91-31, that says

:38:25. > :38:29.this flaw has been set too low, so my question is, what pressure are

:38:30. > :38:32.you bringing to bear on the Scottish Government to exercise its powers to

:38:33. > :38:35.make sure that none of these issues apply in Scotland at all? Given that

:38:36. > :38:46.we have the power to do something we have the power to do something

:38:47. > :38:53.about that. But that question, Emma. -- for that question. Thank you for

:38:54. > :39:00.pursuing that question. The question of litigation is an interesting one

:39:01. > :39:07.for our organisation and in terms of pressure to bear, I would echo key

:39:08. > :39:11.point about there being a lot of discussions with the UK Government

:39:12. > :39:15.to run on this question, about whether ultimately the two child

:39:16. > :39:22.limit and its exemptions will be seen to be a useful policy. I think

:39:23. > :39:25.that there are a number of questions raised by the equality and human

:39:26. > :39:29.rights commission and our organisations, that I think we are

:39:30. > :39:33.still at the discussion stage of, and the most charitable

:39:34. > :39:38.interpretation is that maybe because of a lack of equality impact

:39:39. > :39:43.assessment, some of these issues have not been considered. By UK

:39:44. > :39:47.Government. So we are not at the end of the process of determining what

:39:48. > :39:54.is going to happen to the two child limit. The question for our

:39:55. > :40:00.organisation, then, which has been very much involved and engaged with

:40:01. > :40:05.the Scottish Government in the development of the new Social

:40:06. > :40:09.Security powers is ultimately best for women's equality and I think we

:40:10. > :40:15.would want to consider that question in the round, and are taking

:40:16. > :40:27.adequate impact quality assessment, using gender mean -- means tested

:40:28. > :40:31.methods, and which the Scottish minister has indicated would be part

:40:32. > :40:36.of development. The short answer is, we have not yet determined whether

:40:37. > :40:48.it is in most women's interests and in the interest of equality, to say

:40:49. > :40:55.whether that is the most effective avenue, or whether there would be

:40:56. > :41:01.other avenues. And that will require some modelling, perhaps, but also a

:41:02. > :41:07.clearer sense of the content of what will be in the Social Security Bill

:41:08. > :41:10.which will be forthcoming quite soon and we will continue to have those

:41:11. > :41:15.discussions and continue to push for women's equality and rights to be

:41:16. > :41:20.realised through the implementation of Social Security powers in

:41:21. > :41:41.Scotland. Do you want to come in on that one, Joe question not know.

:41:42. > :41:46.Joe? No. There is obviously, our priority is that it is simple and

:41:47. > :41:51.straightforward for people to claim the benefits they are entitled to,

:41:52. > :41:58.as it possibly can be, and in mitigating the policy as we have

:41:59. > :42:05.seen with schemes around the bedroom tax and the removal of housing

:42:06. > :42:13.support for 18-21 year olds, it tends to be necessarily quite

:42:14. > :42:19.complex and not as straightforward as not applying be policy in the

:42:20. > :42:24.first place would be. But that being said, if the Scottish Government was

:42:25. > :42:38.willing to make changes, we would welcome that. Supplementary is to

:42:39. > :42:43.that one? Very quickly. Given the potential cost of a judicial review

:42:44. > :42:50.to third parties, third sector organisations like yourself, and

:42:51. > :42:53.given the potential cost on any Scottish Government in terms of

:42:54. > :42:59.mitigation, shouldn't the focus remain on this policy at source and

:43:00. > :43:03.given there is a general election going on, shouldn't we be putting

:43:04. > :43:09.pressure on the UK Government in the coming weeks and continue to do so

:43:10. > :43:16.going forward, to bring... To abolish this policy at source? Which

:43:17. > :43:21.has been voted against in Scotland or at least a think about a

:43:22. > :43:30.geographical exclusion. I want to pick up on that. Absolutely. If the

:43:31. > :43:35.policy can be amended, and I mean the two child limit can be amended

:43:36. > :43:41.or changed or removed, that would be of most use to women in Scotland but

:43:42. > :43:43.also across the rest of the UK. Especially in Northern Ireland where

:43:44. > :43:52.there are devastating consequences of the way the exemptions break, --

:43:53. > :43:55.exemptions operate. Where there is exceptionally limited access to

:43:56. > :43:59.abortion health care. Incredibly difficult decisions to be made by

:44:00. > :44:02.the women of Northern Ireland who would not be assisted at all by any

:44:03. > :44:12.mitigation that was Scotland specific. We would consider the use

:44:13. > :44:15.of any of our members money which is what we would be using, to seek a

:44:16. > :44:33.review, and we would want to spend as little as possible...

:44:34. > :44:40.Basically we would welcome those changes, whether the UK

:44:41. > :44:41.Government would make them, or mitigate