Scottish Employment Injuries Advisory Council Bill - call for views

Closed 11 Sep 2023

Opened 3 Jul 2023

Published responses

View submitted responses where consent has been given to publish the response.


Certain social security powers, including industrial injuries benefits, were devolved from the UK Government to the Scottish Government through the Scotland Act 2016.

In the future, the Scottish Government will legislate for employment injury assistance. This would support people who have suffered an injury or a disease as a result of their employment. This assistance would replace Industrial Injuries Disablement Benefit in Scotland.

Powers were not transferred in relation to industrial injuries advisory bodies. As a result, the Scottish Government cannot seek advice from the UK Industrial Injuries Advisory Council (IIAC). The functions of the IIAC are to:

  • make recommendations to update the list of diseases, and the occupations that cause them, for which Industrial Injuries Disablement Benefit can be paid
  • draft papers for the Secretary of State for Work and Pensions to present in Parliament, where legislative changes to the Industrial Injuries Scheme are proposed
  • scrutinise proposed regulations relating to industrial injuries benefit or its administration

The Bill

This Member’s Bill would establish a new independent body, the Scottish Employment Injuries Advisory Council, which would:

  • scrutinise and report on the Scottish Government’s legislative proposals relating to employment injuries assistance (“EIA”)
  • investigate and review emerging employment hazards which result in disease or injury
  • commission research and make recommendations to the Scottish Government for ongoing development of EIA
  • advise the Scottish Government on and recommend changes to EIA

Find out more about the Bill


The Financial Memorandum estimates it will cost £149,000 to set up the Advisory Council and £372,500 in annual running costs.

Future consultation on employment injury assistance

The Scottish Government has said it will be asking the public for their views on Employment Injury Assistance this year.

  • The Bill would create a separate body for Scotland to advise on industrial injuries benefits.
    • Do you agree with the creation of this body?
    • Does the Bill require any further powers or functions to be effective?
  • The Policy Memorandum explains that the Advisory Council is to be established in advance of the Scottish Government legislating for Employment Injury Assistance. The Scottish Government has yet to consult on the benefit and the need for an Advisory Council. What are your views on the timing of the Bill?
  • The Scottish Commission on Social Security already has powers to scrutinise Scottish social security regulations and to provide reports to the Scottish Government when asked to do so. What are the benefits or drawbacks of creating a new Advisory Council and how would this body operate alongside the Commission?
  • The Financial Memorandum sets out the anticipated start up and running costs for the Advisory Council. Will the Bill have any significant resource implications for the Scottish Government, the public sector, business, and individuals?
  • What is your view on whether the size and balance of Advisory Council’s membership is correct to deliver the Bill’s purpose? If you think there should be changes to the membership set out in the Bill, please tell us why and what changes need to be made.
  • Do you have any other comments about the Bill?

The call for views closed on 11 September 2023.


  • SJSS