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Chamber

Meeting of the Parliament 29 February 2024

29 Feb 2024 · S6 · Meeting of the Parliament
Item of business
National Care Service (Scotland) Bill: Stage 1

I refer members to my entry in the register of members’ interests, which shows that I hold a bank staff nurse contract with NHS Greater Glasgow and Clyde.

I thank the Health, Social Care and Sport Committee clerks for their support during the committee’s inquiry and preparation of our stage 1 report. The committee began its stage 1 scrutiny of the National Care Service (Scotland) Bill in October 2022, having issued a call for evidence during the summer. There was extensive engagement with the initial call for evidence, and I thank everyone who contributed. The committee has listened carefully to all the views that were expressed throughout that process, which were invaluable in informing the committee’s recommendations.

The committee took oral evidence on the bill at nine meetings between October and December 2022. We took further evidence on the bill in May 2023 and at three meetings in October 2023. I am equally grateful to everyone who contributed oral evidence to the committee during that time.

One strong message that we heard throughout our scrutiny concerned the case for reform of social care. Such reform is badly needed to address existing inconsistencies in access, to ensure consistent application of guidance and legislation, to address on-going challenges in the social care workforce, to improve commissioning and procurement of services, and, most importantly, to improve outcomes for people who receive social care and support.

The case for reform motivated Derek Feeley’s independent review of adult social care to recommend the creation of a national care service. In responding to the Feeley report, the Scottish Government has sought to give people with lived experience a stronger voice in shaping the proposals through a co-design process. A witness who gave oral evidence to the committee described that as “a bold approach”.

At the same time, the committee heard many stakeholders raise concerns about an on-going lack of clarity regarding the definition, the precise scope and key areas of focus of co-design or the anticipated outcomes of the co-design process. In a recommendation that was unanimously supported by its members, the committee, in its report, calls on the Scottish Government to

“set out an overarching plan that includes a clear definition of co-design, parameters and intended outcomes of the co-design work and a timetable for its completion.”

We also want the Scottish Government to

“recognise the critical role the Scottish Parliament has to play in undertaking”

on-going scrutiny of the bill’s implementation,

“including in relation to the outcomes of the co-design process.”

During its scrutiny, the committee heard widespread support for the principles that are set out in section 1 of the bill. At the same time, our report highlights several areas in which the majority of committee members believe that those principles could usefully be clarified and strengthened.

Although the committee acknowledges the Scottish Government’s stated commitment to fair work principles, the majority of the committee would like the bill to be strengthened to include a

“clear and comprehensive definition of ‘fair work’”

and provide clarity on how those principles will be consistently applied and enforced.

The committee’s report seeks clarification on the remit of the planned national social work agency. The Scottish Government has said that the agency’s responsibilities will include monitoring and improving service quality, overseeing and supporting education, improving and scaling up good practice, workforce planning, training and development, and work on terms and conditions, including pay. The committee is keen to understand why the agency’s proposed remit is limited to the social work profession when there is an equally pressing need to address such issues for the wider social care workforce.

Furthermore, if the agency is to be set up as a Scottish Government department, how will it be ensured that it has the necessary operational independence to fulfil its role effectively?

I look forward to receiving the minister’s considered response to those concerns.

For a long time, we have been talking about the creation of a single electronic health and social care information record. Completing that work will be fundamental to the success of the proposed national care service and should be treated as an absolute priority. The committee’s report also highlights the importance of monitoring and evaluation. Without that, how can we judge whether a national care service has successfully achieved its objectives?

The committee has unanimously called for appropriate provision to be made in the bill for effective monitoring and evaluation of the proposed national care service. I acknowledge that the committee has been unable to reach a consensus position in many areas, but I am pleased to note that our recommendations on the parts of the bill on creating a right to breaks for carers and on implementing Anne’s law were unanimously supported. I hope that those important measures can be implemented with all due care and speed.

The Scottish Government’s overall approach to the legislation has shifted significantly since the bill was introduced in June 2022.

In the same item of business

The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is a debate on motion S6M-12331, in the name of Maree Todd, on the National Care Service (Scotland) Bill at stage 1. I note that w...
The Minister for Social Care, Mental Wellbeing and Sport (Maree Todd) SNP
I thank everyone who has contributed to the consultation on the national care service, our co-design sessions, the annual forums and the many meetings that m...
Pam Duncan-Glancy (Glasgow) (Lab) Lab
As a disabled person and a user of social care, and as someone who gets a lot of representations on the subject in my inbox, as many of us do, I have to say ...
Maree Todd SNP
I agree that people have waited a great deal of time for this change, but let me assure the member and the public that change is coming. Over the past 10 yea...
Kevin Stewart (Aberdeen Central) (SNP) SNP
Will the minister take an intervention on that point?
The Deputy Presiding Officer SNP
The minister is about to conclude.
Maree Todd SNP
The experts are the people who use community health and social care, as well as unpaid carers and the staff who provide the care. I repeat that the status q...
The Deputy Presiding Officer SNP
I call Clare Haughey to speak on behalf of the Health, Social Care and Sport Committee. 15:03
Clare Haughey (Rutherglen) (SNP) SNP
I refer members to my entry in the register of members’ interests, which shows that I hold a bank staff nurse contract with NHS Greater Glasgow and Clyde. I...
Monica Lennon (Central Scotland) (Lab) Lab
I am glad that Clare Haughey mentioned Anne’s law, and I welcome the report’s recommendations. I note that the committee agreed that Anne’s law should be ful...
Clare Haughey SNP
The committee considered the bill in its entirety, including all the different sections, one of which concerns Anne’s law. The consensus agreement with the ...
The Deputy Presiding Officer SNP
I call Kenneth Gibson to speak on behalf of the Finance and Public Administration Committee. 15:12
Kenneth Gibson (Cunninghame North) (SNP) SNP
Thank you, Presiding Officer. I apologise for missing the first minute of the minister’s opening speech. I also convey my thanks to the Finance and Public A...
Sandesh Gulhane (Glasgow) (Con) Con
I refer members to my entry in the register of members’ interests, as I am a practising NHS general practitioner. I am also a member of the Parliament’s Heal...
Jackie Baillie (Dumbarton) (Lab) Lab
Social care is in crisis right now. Care packages for some of our most vulnerable people are being cut, almost 10,000 people are stuck waiting to receive ass...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
Here we are again, debating another iteration of what was, in essence, a line in the SNP’s manifesto in 2021. The election was three years ago, and we are he...
The Deputy Presiding Officer SNP
Mr Cole-Hamilton, you must conclude.
Alex Cole-Hamilton LD
That is what we should be focusing on today and not this ill-fated bureaucratic waste of time. 15:37
Emma Harper (South Scotland) (SNP) SNP
As a member of the Health, Social Care and Sport Committee who has been present during the entirety of the committee’s scrutiny of the bill and preparation o...
Gillian Mackay (Central Scotland) (Green) Green
Does Emma Harper agree that, as part of that, we must also look at self-directed support and how that is delivered across the country? When we look at the na...
Emma Harper SNP
I will come on to self-directed support, but it is part of the complex landscape that needs to be reformed, so that we can make changes and help to support t...
Liz Smith (Mid Scotland and Fife) (Con) Con
When a major committee of this Parliament concludes that it is concerned that the Scottish Government has, so far, been unable to articulate and communicate ...
Ivan McKee (Glasgow Provan) (SNP) SNP
I think that everyone agrees on the critical importance of social care. It is a requirement for more and more people in society, and that will continue, due ...
Jackie Baillie Lab
I understand that the member has been asking for the target operating model for some time. Does he think that it is acceptable that it appeared only yesterda...
Ivan McKee SNP
As Jackie Baillie identifies, the committee has been asking for that information for a while, and I am glad that it came out before the debate. To be fair, t...
Carol Mochan (South Scotland) (Lab) Lab
I thank the clerks and members for their participation in the process. The establishment of a national care service gives the Parliament the chance to be bol...
Kevin Stewart (Aberdeen Central) (SNP) SNP
The National Care Service (Scotland) Bill offers us the opportunity to build care services that truly reflect our shared values of dignity, fairness and resp...
Jeremy Balfour (Lothian) (Con) Con
What one difference will the bill make to somebody who is in receipt of social care today or tomorrow? What one difference will it make to their life?
Kevin Stewart SNP
It will make a difference through having a care service that is not only fit for today but right for tomorrow. I know that the minister is working with great...
Gillian Mackay (Central Scotland) (Green) Green
As a member of the Health, Social Care and Sport Committee, I echo my colleagues’ thanks to the clerks and those who gave evidence to the committee. There i...