Committee offers conditional support for National Care Service Bill

The Health, Social Care and Sport Committee has published its Stage 1 report on the National Care Service (Scotland) Bill following months of scrutiny.

The Parliament Committee has made a majority recommendation that the general principles of the Bill be supported.

Read the report

However, they highlight a number of concerns in their report and say their support remains conditional on the Scottish Government addressing these concerns and agreeing to facilitate significant further scrutiny of the Bill at Stage 2, ahead of formal Stage 2 proceedings.

A majority of the Committee say they recognise the need for wide-ranging reform of social care; to address existing inconsistencies in access and delivery across local authorities, address ongoing workforce challenges, improve commissioning and procurement, and most importantly, improve outcomes for those in receipt of social care.

However, the Committee’s detailed 183-page Stage 1 report highlights a series of concerns with the proposals and the process, and calls on the Scottish Government to take a number of actions ahead of stage 2.

Committee concerns include the Scottish Government’s inability to articulate and communicate a model of how the proposed National Care Service would operate. The Committee say they are looking forward to receiving further detail from the Scottish Government on this ahead of the Stage 1 debate next week.

Following the Scottish Government’s announcements that they plan to revise the original proposals, and the partnership agreement reached between the Scottish Government, local government and the NHS in summer 2023, the Committee say they are seeking further details of amendments which the Scottish Government intends to bring forward to clarify its revised proposals.

The Committee say they understand that this is a ‘framework Bill’ but describe the lack of detail at this stage on what that framework will look like as concerning, arguing that this has limited the Committee’s ability to scrutinise the proposals effectively.

Prior to Stage 2, the Committee is calling on the Scottish Government to explore the possibility of establishing an expert legislative advisory group for the Bill to help guide the proposed co-design process.

Assurances are also sought that a full list of Stage 2 amendments will be made available to the Committee as soon as possible and well in advance of formal Stage 2 proceedings to allow for significant further scrutiny.

The Committee has also given due notice to the Scottish Government that it will require additional time to take further oral and written evidence from key stakeholders on the content of these amendments, prior to commencing the formal Stage 2 process.

In the report, the Committee concludes: ‘Subject to these conditions, the Committee recommends that the general principles of the Bill be agreed to.’

Speaking on the publication of the report, Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, said: “A majority of our Committee welcomes the intentions underlying the Scottish Government’s proposals for the creation of a National Care Service.

“Our Stage 1 scrutiny has undoubtedly been affected by changes to the original proposals, meaning we will have to reserve final judgement until we have had an opportunity to scrutinise the detail of those changes as part of a reinforced Stage 2 process.

“We welcome the Scottish Government taking on board the views and concerns of stakeholders and its plan to revise the original proposals, but it is essential details of these revised proposals are shared with the Committee in a timely manner and sufficient time is allowed for the Committee to undertake substantial further scrutiny ahead of formal Stage 2 proceedings.

“It is on this basis that that a majority of our committee has concluded that it recommends that the Parliament should agree to the general principles of the Bill.”

“We’d like to thank all who have engaged with us during this process. Their insight and knowledge have been invaluable in helping us to consider and scrutinise the Scottish Government’s proposals.”

members of the Health, Social Care & Sport Committee meet with Coalition of Care and Support Providers in Scotland National Care Service Committee at Key in Glasgow. 05 December 2022. Pic-Andrew Cowan/Scottish Parliament

Some of the other key conclusions in the report include:

  • While acknowledging the Scottish Government’s intention to utilise co-design as a key mechanism for developing the proposed National Care Service once the framework legislation is in place, the Committee has heard evidence from multiple stakeholders that there appears to be an ongoing lack of clarity regarding the definition, the precise scope and key areas of focus of codesign or the anticipated outcomes of the co-design process.
  • The Committee calls on the Scottish Government to acknowledge concerns from many stakeholders that the consensus agreement between it and COSLA and the way in which this was arrived at has undermined the confidence of many of those who have participated in co-design so far that their input is being taken seriously.
  • It remains unclear to the Committee at this stage whether the Scottish Government intends to transfer those powers currently conferred on Scottish Ministers under Chapter 4 to the newly proposed National Care Service Board. Nonetheless, the Committee’s report highlights widespread concerns it has heard during its scrutiny of the Bill regarding the nature and extent of those powers.
  • The Committee welcomes confirmation from the Scottish Government that, under the new consensus agreement with COSLA, local government will retain control of functions, staff and assets following concerns raised by multiple stakeholders.
  • The Committee believes that a single electronic health and care record is fundamental to the success of the proposed National Care Service and calls on the Scottish Government to complete this as a matter of urgency.
  • The Committee welcomes indications from the Scottish Government that, as a consequence of the consensus agreement with COSLA, rather than being transferred to Scottish Ministers, legal accountability for the proposed National Care Service will be shared between the Scottish Government and local government.
  • The Committee says the Scottish Government should mandate a review of the regulation-making powers of the Bill and of any regulations made using these powers, within 3 years of each of the corresponding provisions coming into effect.
  • The Committee welcomes the commitment to Anne’s Law and considers it should be fully implemented as soon as possible to ensure a human rights-based approach to care. 
Members of the Health, Social Care & Sport Committee meet hold a committee meeting focusing on the National Care Service Bill in the Quarriers Centre, Govan, Glasgow. 05 December 2022. Pic-Andrew Cowan/Scottish Parliament

For info: Dissent

Tess White MSP and Sandesh Gulhane MSP dissented from many of the recommendations in the report. More details of this dissent can be found in the report.

Paul Sweeney MSP and Carol Mochan MSP dissented from certain of the Committee’s concluding recommendations on the general principles of the Bill. More details of this dissent can be found in the report.

Alternative wording of a number of the report’s concluding recommendations on the general principles of the Bill were also proposed by certain Members of the Committee. These were all rejected in votes by a majority of Committee Members.

UTTER SHAMBLES!

CHAOS IN THE COMMONS OVER GAZA VOTE

IN a dark day for democracy a Westminster debate on calls for a ceasefire in Gaza descended into chaos after the Commons Speaker Sir Lindsay Hoyle was accused of allowing it to be “hijacked” by Labour.

Sir Lindsay Hoyle sparked fury from both SNP and Conservative MPs when he broke with convention to allow a vote on a Labour motion for an “immediate humanitarian ceasefire”.

SNP MPs walked out of the chamber en bloc in protest at the Speaker’s action, joined by a sizeable number of Conservative MPs.

The Speaker later apologised for his unprecedented decision, saying he had acted “with the right intentions”, but his position is increasingly seen as untenable by many.

The SNP said they had been “treated with complete and utter contempt” and have lodged a motion of no confidence in the Speaker.

They added: “Today should’ve been about a ceasefire in Gaza and protecting the lives of innocent civilians. Instead, Westminster turned it into a circus.

“Today’s shameful events show Westminster is utterly broken. This should have been the chance for the UK Parliament to do the right thing and vote for an immediate ceasefire in Gaza and Israel – instead it turned into a Westminster circus.

“It is a disgrace that Sir Keir Starmer and the Speaker colluded to block Parliament voting on the SNP motion for an immediate ceasefire and against the collective punishment of the Palestinian people.

“More than 29,000 Palestinian children, women and men have been killed – and huge swathes of Gaza have been obliterated while Westminster equivocates.

“People in Gaza and Israel, and voters in Scotland, have been badly let down – they deserve so much better than this.

“The SNP will continue to press the UK government and parliament to back an immediate ceasefire. The time for equivocation is over.”

Following the chaos in the Commons chamber Labour’s amendment eventually went through without a formal vote, after the government said it would not take part in protest. This meant there was no formal vote on the SNP’s motion, which called for an immediate ceasefire.

The Former leader of the Conservative Party Sir Iain Duncan Smith has said he believes Sir Lindsay Hoyle was put under ‘intolerable pressure’ from Labour to include their amendment.

Sir Iain said he believed Labour wanted their amendment ‘to try and stop some kind of rebellion’ from within their own party and has called for the vote to be rerun.

Speaking on GB News last night, Sir Iain Duncan-Smith said: “There’s never normally a second amendment to an opposition day motion. Opposition days are about giving the opposition a chance to put their motion forward. Otherwise, all they’re ever doing is reacting to government.

“That standing order gives them a shot and having a vote on their motion before it’s amended.

“Tonight, that was all put into chaos because I think, due to the intolerable pressure the Speaker was under was to add the Labour amendment in.

“We know why Labour wanted their amendment in, it wasn’t just to express their view it was to try and stop some kind of rebellion on their part.

“Under the normal saga, it would have been the SNP first and we would have voted on the SNP [motion], not theirs.

“The government withdrew and said, we’re not going to put our amendment to the motion because it’s chaotic and messy. That’s the moment when they should have reversed the process back to normal and had the SNP one first. But the Speaker was determined that the Labour one would be done first.

“That’s where the chaos arose, because in all the rows that went on, they weren’t able to do it because in the noise, the Deputy Speaker quickly passed the Labour amendment.

“The SNP have expressed a lack of confidence [in the Speaker]; I don’t know where they’ll take it. I’m very fond of the speaker, he’s been very good in many ways, and he’s defended our rights.

“I think the truth is he was put under intolerable pressure by Labour’s determination to bend the rules so they can have their own amendment.

“Many on the Labour front bench need to reflect on the position they’ve left him in.

“I think we should rerun all of this personally, because I think the public should and deserves better from Parliament and the Speaker should never have been put under that pressure.”

After all the noise, all the drama, the government does not even have to adopt Labour’s position as the vote is not binding! So a hollow victory for Labour, then – but a deeply damaging day for Westminster democracy.

Holyrood Committee launches inquiry into housing crisis

A Holyrood Committee will return from the February recess next week to begin a short inquiry into the Scottish Government’s Housing to 2040 strategy.

Holyrood’s Local Government, Housing and Planning Committee will start a short inquiry on Tuesday (20th February) with a roundtable of representatives from the Strategy Board for Housing to 2040 to probe progress on the Scottish Government strategy and route map.

The second evidence session, currently planned for the 27th of February, will see further roundtable discussions with stakeholders including Living Rent, Communities Housing Trust, Royal Incorporation of Architects in Scotland, Property Federation, Shelter, the Joseph Rowntree Foundation, Citizens Advice Scotland, and Professor Ken Gibb from the University of Glasgow, to provide the Committee with additional views on Scotland’s housing landscape.

Published in March 2021, the strategy seeks to deliver on the Scottish Government’s ambition for everyone to have a safe, good quality and affordable home that meets their needs in the place they want to be.

However, three years after the plan’s publication, statistics show that Scotland’s housing emergency is intensifying.

Decreases have been reported in the number of new homes of all tenures being started and completed, with Scottish Government figures for the year to the end of September 2023 revealing a 6% fall in all sector completions and that starts are down by 24%.

With falling numbers of new homes being built and completed across several local authorities in recent months, a growing number have declared housing emergencies as building rates stall.

Commenting, Local Government, Housing and Planning Committee Convener, Ariane Burgess MSP said: “Scotland’s housing emergency continues to grow, and the Committee want to understand what impact this is having on the ambitions set out by the Scottish Government’s Housing to 2040 strategy and whether the strategy provides the necessary tools to adequately respond.

“Our short inquiry will allow us to look at the strategies effectiveness in meeting housing needs, promoting placemaking, ensuring accessibility and affordability, fostering sustainability, and guaranteeing safety and quality.

“Everyone should have access to safe, sustainable, and affordable housing which can deliver thriving communities for generations to come in every part of Scotland and we hope our scrutiny of Scottish Government plans can ensure this aspiration remains on track.”

Scottish Labour Conference 2024: Usdaw seeks an end to child and in-work poverty

Retail trade union Usdaw has a delegation of members, reps and officials attending the annual Scottish Labour Conference in Glasgow, Friday 16 to Sunday 18 February. The union is part of a composite on child poverty.

Tracy Gilbert, Usdaw Regional Secretary for Scotland says: “One in four children in Scotland are living in poverty, which is inextricably linked to in-work poverty. It is appalling that Scotland’s Children’s Commissioner has deemed the SNP Government to have ‘absolutely failed’ to deliver for young people.

“While we welcome the Scottish Child Payment, the rising cost of living means the payment is falling in value and more direct support is needed to meet child poverty targets. The lack of appropriate childcare, and the childcare costs families continue to face, lock children in poverty despite improvements in funded childcare in recent years.

“Research shows that families with children make up around half of the families experiencing in-work poverty across Scotland. So, tackling the issue of in-work poverty is critical to ensuring that every child has the best possible start in life and the opportunity to thrive.”

The composite motion to conference calls on Scottish Labour to:

·         Prioritise the eradication of child poverty.

·         Urgently work with trade unions and the Child Poverty Commission to bring forward a comprehensive plan to eradicate child poverty.

·         Increase cash payments to families through mechanisms such as raising the minimum wage.

·         Provide safe and affordable housing.

·         Address the lack of appropriate, affordable and accessible childcare that families face to help break the cycle of child poverty.

·         Introduce meaningful support to address the most urgent priorities facing working people as a result of the cost of living crisis.

Lothian MSP hosts roundtable to tackle the issue of Social Isolation


Lothian MSP, Miles Briggs, has hosted a roundtable at the Scottish Parliament to bring communities, charities and organisations together to bring an end to the loneliness and isolation that is causing a public health and well-being crisis across the country. 

Edinburgh is classed as one of the loneliest places to live in the UK. Changing Britain research found that 33 per cent of Edinburgh citizens do not feel that they are involved or feel part of the community.

The cost-of-living crisis is adding to the awful knock-on effects of loneliness and isolation particularly in older people, where it has been shown to increase the risks of dementia by 50%, and heart attacks and stroke by 30%. 

The roundtable was attended by a range of charities who are leaders in the field of social isolation and measures to reduce it’s impact on individuals in communities across the country.

Also speaking was Dr Jane Morris, Head of the Royal College of Psychiatry, to talk on the effects on mental health. As well as Dr Morris, Police Scotland’s specialist on scammers and fraudsters who target the elderly and isolated, DCI Steven Trim, spoke at the roundtable.

Mr Briggs has previously called on SNP Ministers to provide great funding to tackle loneliness and social isolation in Scotland.

Lothian MSP, Miles Briggs, said: “I am pleased that we have had the opportunity to discuss measures to reduce loneliness and social isolation across Lothian and the rest of Scotland.

“From the roundtable it was clear that people are passionate about tackling loneliness in Scotland.

“Feeling lonely is a horrible feeling and I am optimistic that we can take forward actions that will prevent people in communities up and down the country from feeling lonely.

“This was a very productive roundtable and there is plenty of work to be getting on with to make people feel more connected across Scotland.”

First Minister confirms new government appointments

Reshuffle combines Economy, Net Zero and Energy in a new portfolio

Unleashing Scotland’s renewable potential and building Scotland’s economy will be overseen by a single portfolio headed by Màiri McAllan as Cabinet Secretary for Wellbeing Economy, Net Zero and Energy.

Setting out portfolio changes to the Scottish Government, First Minister Humza Yousaf has appointed Neil Gray as Cabinet Secretary for NHS Recovery, Health and Social Care, while Transport becomes a standalone portfolio at Cabinet level, with Fiona Hyslop as Cabinet Secretary.

The reshaped Cabinet of ten – the same number as before – will include seven women, believed to be the highest proportion of any government in the world.

Kaukab Stewart becomes the first Woman of Colour to enter the Scottish Government as Minister for Culture, Europe and International Development, in place of Christina McKelvie, who has been appointed as Minister for Drugs and Alcohol Policy.

Jim Fairlie will also join the government as Minister for Agriculture and Connectivity.

Parliament will be asked to approve the new appointments of Fiona Hyslop, Kaukab Stewart and Jim Fairlie after recess.

The First Minister said: “The new, green economy is a massive economic opportunity for Scotland. If we grasp it, we can help the world tackle climate change while delivering well-paid jobs and sustainable growth in Scotland for generations to come.

“That’s why we will now bring these two portfolios together, and Màiri McAllan is the right person to drive it forward.

“As Economy Secretary, Neil Gray has been widely praised for resetting the relationship with business. Now at the helm of the NHS – our most precious institution – and social care, Neil will be charged with continuing its recovery from Covid, driving down waiting times, and reforming the service to improve outcomes for patients.

“I am elevating Transport to a Cabinet level post in its own right, given the importance of the issues within this portfolio. Fiona Hyslop is one of the most experienced and accomplished ministers in government. I am deeply proud of the fact this means Cabinet will become world-leading with seven out of ten women in it.

“I am proud to bring the first ever Woman of Colour into government in Scotland – I believe another sign of the progress we are making as a nation, with the appointment of Kaukab Stewart as Minister for Culture, Europe and International Development. Kaukab takes this role on from Christina McKelvie, who will now report directly to me as Minister for Drugs and Alcohol Policy.

“And I am delighted to welcome Jim Fairlie to government, who brings a wealth of business and rural knowledge to his new role as Minister for Agriculture and Connectivity.

“These new appointments reflect this government’s priorities and the missions that drive them – equality, opportunity and community – and I look forward to working with them as we continue to deliver for the people of Scotland.”

Health Secretary Michael Matheson quits over iPad debacle

DAMNING REPORT SEALS MINISTER’s FATE

Cabinet Secretary for NHS Recovery, Health and Social Care Michael Matheson has tendered his resignation to the First Minister.

Accepting his resignation, the First Minister thanked Mr Matheson for all he achieved during government, including securing £100 million of new annual funding for NHS Scotland to help reduce inpatient and day-case waiting lists, passing the Domestic Abuse Act to strengthen powers to tackle psychological abuse, passing the Transport Scotland Act to ensure Scotland’s transport system was more accessible for the future and introducing the Historical Offenses Bill to pardon gay men convinced under historical discriminatory laws.

MICHAEL MATHESON STATEMENT:

Odd timing, given he hasn’t seen the final report yet. And not a word of apology …

The Scottish Conservatives have been calling for the Health Secretary’s head for some time – and not only over his failure to fully explain the Ipad issue:

‘Waiting times in Scotland’s A&E departments continue to get worse under the SNP’s shameful mismanagement of our NHS.

‘The SNP have not met their target waiting time since July 2020, yet still Michael Matheson refuses to tackle this growing problem – he needs to go.’

HE HAS NOW.

FMQ’s will be interesting today …

Scotland’s Drugs and Alcohol Minister steps down

Elena Whitham leaves government

Drugs and Alcohol Policy Minister Elena Whitham has tendered her resignation to the First Minister and stepped down from her ministerial post for health reasons.

Ms Whitham was appointed to the post in March last year, after previously serving as Minister for Community Safety.

Accepting her resignation, the First Minister thanked her for her service and said that he greatly valued her efforts to tackle alcohol and drug-related deaths, particularly her work to take forward proposals for reviewing drug laws.

Elena Whitham’s letter to the First Minister:

Dear Humza,

Over the last year I experienced a series of events leading to post traumatic stress which has impacted my wellbeing greatly and for which I am receiving treatment. I have sought to undertake my role in your government diligently and with the passion and focus that it requires. Sadly, after much soul searching, it is apparent to me that I must regrettably resign from my ministerial role so that I am able to look after my wellbeing and ensure my constituents of Carrick, Cumnock and Doon Valley continue to be represented assiduously.

It has been the greatest honour to be first the Minister for Community Safety and latterly the Minister for Drug and Alcohol Policy. Both of these roles are areas I am passionate about having been a Women’s Aid worker and someone who supported people dealing with multiple and complex needs including problematic substance use. I have been privileged to meet folk up and down the country who are working collectively to address the great harm Scotland is experiencing due to alcohol and other drugs…none more so than those with lived and living experience who have sought to speak truth to power. I am grateful to them and to all of the family members and organisations who took time to speak with me this last year.

I will continue to support the aims of the National Mission from the backbenches and in my constituency work. It is imperative that we strive with all of our might to continue our efforts to save and improve lives as we have lost far too many of our folk to wholly preventable deaths. Your government’s efforts to tackle poverty and inequality also play an integral role in the National Mission and the cross government plan set out last year continues to be vital to delivery.

I thank you from the bottom of my heart for the opportunity bestowed upon me, it truly has been an honour.

Yours sincerely

Elena Whitham MSP

First Minister’s letter to Elena Whitham:

I write to thank you for your service as Minister for Drugs and Alcohol Policy over the past year. I am greatly saddened to hear that due to your personal ill-health you feel you cannot continue to give the role the focus that you would wish to.

I wanted you to be aware of how greatly I have valued your efforts to tackle alcohol and drug-related deaths – not least the work to take forward proposals for reviewing drug laws.

Similarly, I know the dedication that you brought to your previous role of Minister for Community Safety.

I believe our government has been enriched by your efforts and the experience that you have brought into public life.

I know that the people of Carrick, Cumnock and Doon Valley have in you a dedicated and conscientious public servant and I know you will continue to stand up for them to the very best of your ability.

Boyack demands Yousaf is honest with public over fate of Eye Hospital

Labour MSP for the Lothians, Sarah Boyack, has written an open letter to First Minister Humza Yousaf urging him to be honest about the fate of Edinburgh’s replacement eye hospital.

This comes after the First Minister confirmed that the Scottish Government was still committed to the eye hospital, despite the capital spending freeze imposed on health boards.

However, excerpts from the NHS Lothian board papers confirmed that work on the eye hospital would “cease” and stated that the board “should recognise the loss of this future infrastructure” will lead to major, negative challenges in delivering scheduled care over the coming years.

This admission throws into doubt the First Minister’s commitment, given the Scottish Government’s instruction to NHS Lothian to “immediately cease all capital projects”. The instruction includes “the New Eye Hospital at the BioQuarter”.

It also highlights a lack of certainty within the health board about the project’s status.

The current Eye Pavilion was deemed not fit for purpose in 2014, and a new replacement has been deemed a top priority by NHS Lothian.

Since 2014, the average wait time in days for inpatient and outpatient appointments more than doubled.

Ms Boyack has urged the First Minister to end the uncertainty around the project, as it is having detrimental impacts on patients and their treatment.

Commenting on her letter, Ms Boyack said: “The First Minister needs to level with the public about the replacement eye hospital.

“It was promised at the last election, then in the budget we found out that no new capital project can go ahead.

“While the First Minister says he is committed to the project, his government have kicked it into long grass.

“NHS Lothian has been put in an impossible position.

“If the First Minister is serious about delivering Edinburgh’s eye hospital, then he must come forth with a concrete timeline to deliver it.

“Anything less is just being dishonest with the public and damaging to patients.”

The letter reqads:

Dear First Minister,

I am writing regarding the recent announcements in relation to the construction of a replacement Eye Pavilion in Edinburgh.

As you are aware, you and your predecessor have both committed to a new Edinburgh Eye Hospital since the 2021 Scottish Parliament election following the current Eye Pavilion being deemed not fit for purpose in 2014. However, in a letter I received from the Cabinet Secretary for Health and Social Care on the 18th January confirmed that the building of a new Eye Hospital will not go ahead.

Moreover, NHS Lothian Board papers, published in advance of the board’s meeting on the 7th of February, have stated “NHS Lothian was directed to immediately cease all capital projects”. The board paper observed that  “the loss of this future infrastructure will substantively and negatively impact on our ability to deliver compliant access to scheduled care for our population in coming years.” Worryingly the paper also highlighted the “the significant and detrimental impact this decision has had on our teams many of whom have dedicated time, expertise, and leadership in supporting progress of these vital projects.”

In light of your comments during First Minister’s Questions, on January the 25th, which appear to contradict NHS Lothian, I would appreciate if you could give an overview of the timeframe for the Eye Hospital being delivered if it is still the Scottish Government’s intention to proceed with the project, after the two year capital spending project freeze. Given the lengthy and increased waiting times for operations, the Scottish Government must also provide immediate support to ensure that NHS Lothian is able to provide adequate care for those with vision impairments.

My concern is that confused information and delays will only cause more disruption for patients, on top of increasing numbers of cancelled and delayed appointments.

Best wishes,