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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

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 assessments and care, and providers are handing back contracts because they cannot afford to deliver. Staff morale is at rock bottom, with people leaving the profession in droves.

Nothing in the bill addresses that immediate crisis. Instead, we have a framework bill with little detail that was introduced 20 months ago. Despite the minister’s warm words, implementation will not happen until 2028-29, at a projected cost of £2.2 billion. Not one penny will go towards care packages right now, and there will be nothing either for hard-pressed social care staff.

The bill should have been about raising standards and quality of care; removing care charges; standardising eligibility criteria; encouraging independent living; valuing the workforce with consistent terms and conditions, collective bargaining and pay; and bringing about cultural change not just structural change. It is a framework bill with little detail that has frustrated stakeholders and Parliament. It has been described by many as a bill without vision, a bill that simply does not address the challenges now and a bill without ambition.

The bill, as introduced, has been considered by numerous committees—the Health, Social Care and Sport Committee; the Education, Children and Young People Committee; the Finance and Public Administration Committee; the Delegated Powers and Law Reform Committee; the Local Government, Housing and Planning Committee; and more besides. Concerns have been expressed by the overwhelming majority of them. Indeed, the Finance and Public Administration Committee has looked at the bill twice and still does not believe that the sums add up. It is not alone—the voluntary sector, the independent sector, carers, those experiencing care, and trade unions all have concerns. The committee report runs to more pages than there are sections of the bill, and page after page is filled with criticism.

I will not rehearse the arguments made yesterday about further scrutiny, but it is really simple. The bill, as introduced, is about to change beyond recognition because of a deal done with COSLA. It has simply not been scrutinised. The SNP and Greens do not care about the integrity of this Parliament; they want to ride roughshod over the legislative process, and just railroad the bill through. It is a mess, and this is a recipe for bad legislation.

I will consider a few of the provisions that we do support: Anne’s law and the right to respite breaks. We support Anne’s law 100 per cent. The right of relatives to see their loved ones in care homes must be legislated for. We cannot repeat the heartbreaking experience of too many families during Covid. The current provisions in the bill are weak, but there is a strong argument to decouple them from the bill. I invite the minister to consider amending the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011. That would be a much faster legislative vehicle, which would undoubtedly carry the unanimous support of the Parliament.

We also support the right to respite breaks 100 per cent. Again, there are other legislative opportunities that can be explored, but the truth is that that element will take resources. The financial memorandum estimates that the amount of additional money required for 2025 is £5 million, rising to £133 million in 2035—and that is for just 10 per cent of carers. It is fantasy budgeting. Like so much of what the SNP does, this legislation might be passed but it will not be enacted, and carers will be let down in the process.

Social care staff are the backbone of the delivery of quality social care, yet they are leaving their jobs—they are going to work in Lidl or Asda because they pay more. We first proposed £12 per hour in early 2021, rising to £15 by the end of the parliamentary session. Had the Government done so then, the hourly rate now would be worth £14.43, and we would not have the haemorrhage of social care staff.

It is, regrettably, always the same with this SNP Government. It talks a good game, but it fails to deliver. Where are the fair work principles in the bill, including the improved terms and conditions, the right to full sick pay from day 1 and the opportunity for sectoral bargaining? They are simply not there.

Today, the Daily Record outlined the pressure that social care workers are under. A recent GMB survey of front-line care workers in Glasgow shows that 80 per cent of social care staff believe that workloads are now unmanageable, and 89 per cent are warning that vulnerable service users are now at risk. One carer said:

“We are rushing from one visit to another, always chasing our tail, never being allowed to give enough time to people ... I used to absolutely love my job but am terrified someone is going to be so rushed they make a terrible mistake. I just want to get out before it’s me.”

The National Care Service (Scotland) Bill will do nothing to address those problems. It will do nothing for those whose care packages are being cut now, nothing to help a sector that is on its knees and nothing to stem the flood of staff who are leaving.

It was Scottish Labour that proposed a national care service more than a decade ago, but the SNP said no. The bill as it stands does not implement the Feeley review. It will not work as it stands. We will continue to engage constructively at stage 2, but the process must be lengthened to allow for proper scrutiny. There is no room for arrogance or hubris in something this important, and I fear that, instead of listening to the many reasonable suggestions from stakeholders, the Government is now hard of hearing.

Please do not ignore the warnings from those with care experience. Do not ignore them from social care staff. Do not ignore them from social workers or the sector as a whole. This bill must not be an excuse for the SNP not to act now to avert a crisis in social care. Stop the cuts to care, boost pay in the sector and deliver Anne’s law and a right to breaks, so that those things can deliver for those who work, live and care in our social care system.

Finally, we reluctantly cannot support the general principles of the bill. The committee has not scrutinised the substantial changes that are being made, but we will continue to engage constructively at stage 2.

15:30  

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...