Scottish Government must do more to engage the public on climate change and Scotland’s climate change targets

The Scottish Government is not doing enough to engage the public on climate change and Scotland’s climate change targets. 

This is the collective view expressed in a report published yesterday by 23 members of the public, selected at random from across Scotland, who recently came together at Holyrood to form a ‘Climate Change People’s Panel’.

The panel was set up to support Holyrood’s Net Zero, Energy & Transport Committee in its post-legislative scrutiny of the Climate Change (Scotland) Act 2009. The Act mandates that the Scottish Government should produce and periodically review a public engagement strategy for climate change.

The panel’s report concludes that the Government has not communicated effectively with the public on climate change saying that it “could be more ambitious, delivering a positive narrative and enabling Scotland to set a standard of excellence.”

The panel also considered that “collaboration with expert local and community led organisations is key” and that there is an “inconsistency in communication, education, evaluation, the allocation of funding and ultimately, that there is an action gap across Scotland.”

The report outlines 18 recommendations which panellists will formally present to the Committee during a broadcast evidence session on Tuesday 16 April 2024.

Panellist Kevin Roarty, an Analyst Programmer living in Paisley said of his experience; “This has been a fantastic experience but at the heart of it all is the most serious topic.

“We felt that there needs to be more truth and honesty from the Scottish Government about the scale of the challenge, and that creating a more compelling vision of the better world we’re all aiming for would help.

“We hope the Committee will accept our recommendations as positive, concrete actions that must be taken forward and that our efforts will make a positive difference to national engagement on climate issues.”

In the report, panellists unanimously recommend, for example, that: – 

  • Climate change should exist as a compulsory subject within the primary to high school curriculum and children should be involved in its development as a subject.
  • Robust, timely and longer-term funding (minimum 3-5 years) should be provided to help expand and adequately resource climate hubs.
  • There needs to be a legal obligation on all local authorities to co-create local climate policy, supported by funding from the Scottish Government.

Edward Mountain MSP, Convener of the Net Zero, Energy & Transport Committee, said; “This report identifies the need for the Scottish Government to lead from the front to bring governments, business, and the public together in a mutual understanding of the shared challenge we all face and the actions that need to be taken to effect change.

“Just last month the Climate Change Committee said that Scotland’s 2030 climate goals are no longer credible. Collaboration on all levels of society will be essential to help drive action forward.

“We look forward to taking evidence from the panellists during next week’s committee meeting and exploring their findings further with them.”

Access the report and full list of recommendations (2MB, pdf)

Strong support for Assisted Dying Bill, says Dignity in Dying Scotland poll

  • Biggest ever public poll in Scotland conducted on assisted dying confirms every single constituency supports law change
  • More than three-quarters of respondents (78%) said that they would support making it lawful for someone to seek assisted dying in Scotland, with just 15% against
  • Findings released as Liam McArthur MSP’s ‘Assisted Dying for Terminally Ill Adults (Scotland) Bill published in Scottish Parliament (28th March 2024)

The vast majority of constituents in every parliamentary constituency and region in Scotland support a change in the law on assisted dying, according to the largest and most in-depth public polling ever conducted on the issue. The results of the poll are released as Liam McArthur MSP publishes his Assisted Dying for Terminally Ill Adults (Scotland) Bill in the Scottish Parliament.  

The polling was carried out by Opinium Research on behalf of Dignity in Dying Scotland, and canvassed the views of more than 4,000 people across the country. 78% said they would support a change in the law to allow dying adults to access assisted dying.

The polling results were modelled for every constituency and region in Scotland. The highest levels of support are reported in Orkney (82%), Shetland (82%), North East Fife (80%), Banff and Buchan (80%), Moray, Ettrick, Roxburgh and Berwickshire, Caithness, Sutherland and Ross, Mid Fife and Glenrothes, Skye, Lochaber and Badenoch and Inverness and Nairn (all 79%).

Every constituency has at least a two thirds majority in favour.

Constituents of the Party Leaders back Liam McArthur MSP’s Bill:

Humza Yousaf MSP, Glasgow Pollock, 67%

Douglas Ross MSP, Highland and Islands Region, 79%

Anas Sarwar MSP, Glasgow Region, 69%

Alex Cole-Hamilton MSP, Edinburgh Western, 76%

Patrick Harvie MSP, Glasgow Region, 69%

Lorna Slater MSP, Lothian Region, 76%

Ally Thomson, Director of Dignity in Dying Scotland said: “As Liam McArthur MSP’s Assisted Dying for Terminally Ill Adults Bill is published in the Scottish Parliament, the message from constituents to their MSPs is strikingly clear – it is time to change the law and vote to give dying people the choice of safe and compassionate assisted dying.

“In every constituency and region in Scotland there is an unshakeable majority of support for an assisted dying law, with tight safeguards that would benefit and protect dying people and improve end-of-life care as a whole.

“That law is now within our reach.  The Bill published today provides the compassion and choice dying people need and puts safety and protection in place where none currently exists.

“I’ve spoken to countless terminally ill people who are desperate for the peace of mind that this Bill would bring, and to so many who have watched someone they love endure a terrible death and don’t wish anyone else to suffer in a similar way. 

“The publication of the Bill today gives them all hope that needless suffering can be consigned to the past. We call on MSPs not to stand in the way of their choice.”

Liam McArthur MSP said: Currently in Scotland assisted dying is illegal, a situation that I believe is failing too many terminally ill Scots at the end of life.

“It is leaving them facing traumatic deaths that impact not just them, but those that they leave behind. We can and must do better. That is why I am publishing my bill on assisted dying, which is being introduced formally in the Scottish Parliament today.

“For many years, polling has consistently shown overwhelming support for assisted dying. I believe we are now seeing the necessary political support, across all parties, to deliver this long overdue reform.

“The provisions I am proposing would be robustly safeguarded to ensure the process works as intended. Similar laws have been safely and successfully introduced in countries such as Australia, New Zealand and the United States where they continue to enjoy strong public support.

“I hope that as they consider the provisions of the Bill, my colleagues will look at the evidence supporting a change in the law and the wishes of dying Scots and vote to give terminally ill adults the choice they need.”

In the Opinium polling, support for changing the law was consistently high across those who plan to vote SNP (84%), Conservative (72%), Labour (79%), Green (81%) and Liberal Democrat (78%).

The polling also found a strong majority for law change among religious people, with 75% of people who align themselves with Church of Scotland/England and 66% of those who state they are Catholic in favour.

In addition, the polling found that more than half of Scots (55%) would personally consider travelling to Switzerland for an assisted death if they were terminally ill, but 57% would not be able to afford it, with costs skyrocketing to £15,000 in the last five years.

Assisted dying bills are being considered in Jersey and the Isle of Man, an inquiry in Ireland has recently recommended law change, and a bill will be introduced in France this year.

Four hundred million people across Europe, North and South America and Australasia live in jurisdictions that have legalised or decriminalised assisted dying in some form.

Scotland’s 2030 climate goals ‘are no longer credible’

Continued delays to the updated climate change plan and further slippage in promised climate policies mean that the Climate Change Committee no longer believes that the Scottish Government will meet its statutory 2030 goal to reduce emissions by 75%.

There is no comprehensive strategy for Scotland to decarbonise towards Net Zero.

The Scottish Government delayed its draft Climate Change Plan last year despite the 2030 target only being six years away. This has left a significant period without sufficient actions or policies to reach the target; the required acceleration in emissions reduction in Scotland is now beyond what is credible.

Professor Piers Forster, interim Chair of the Climate Change Committee, said: “Scotland has laudable ambitions to decarbonise, but it isn’t enough to set a target; the Government must act.

“There are risks in all reviewed areas, including those with significant policy powers devolved to the Scottish Government.

“Scotland’s Climate Change Plan needs to be published urgently, so we can assess it. We need to see actions that will deliver on its future targets.”

Scotland missed its annual target for 2021. This is the eighth time in the past 12 years that they have missed a target. The only sectors to reduce emissions in 2021 were electricity supply and industry. Most key indicators of delivery progress, such as tree planting, peatland restoration rates and heat pump installations are off track.

There is a path to Scotland’s post 2030 targets, but stronger action is needed to reduce emissions across the economy.

The transport and buildings sectors will require a particularly rapid increase in the rate of emissions reduction to meet the targets set out in the last Climate Change Plan update (2020 CCPu).

  • Buildings. The 2020 CCPu requires emissions from heating buildings to decrease by 71% by 2030, meaning the annual emissions reduction rate must increase by almost a factor of ten. There are welcome bold proposals in the Heat in Buildings consultation, which if implemented could become a template for the rest of the UK. But these proposals must be delivered in practice and the planned rate of decarbonisation will not achieve those promised in 2020.
  • Transport. The 2020 CCPu requires Scotland’s transport emissions to decrease by 44% by 2030, meaning the annual emissions reduction rate must increase by almost a factor of four. Scotland has an extremely stretching target to reduce car-kilometres by 20% on 2019 levels by 2030, but a clear strategy on how this will be achieved is still missing. Practical delivery plans must focus on deploying and improving electric car charging infrastructure – and developing plans for aviation.
  • Agriculture and land use. The 2020 CCPu requires this to decrease by 11% by 2030 – a reversal of recent emissions increases is needed. On woodland creation, Scotland needs to double its recent rate. On peatland restoration a tripling of Scotland’s rate is required to reach its own target, which remains less ambitious than the CCC’s.
  • Engineered greenhouse gas removals. The Acorn carbon capture cluster has received ‘Track 2 status’, which is positive progress for engineered removals in Scotland. But the Scottish Government should assess Acorn’s deployment potential against its own aim to achieve -3.8 MtCOengineered removals by 2030. A feasibility study published by the Scottish Government estimates potential for only 2.2 MtCO2 by 2030 in Scotland.   

This is a crucial time for Net Zero in Scotland. The handling of plans to close the Grangemouth refinery underlines the risk of omitting meaningful dialogue between communities, industry and government and the important role for the Scottish Government in ensuring a just transition towards Net Zero.

Further delay to the Scottish Government’s draft Climate Change Plan will prevent further progress on these strategic issues.

The STUC commented: “This is a hammer blow and cannot go unchecked. It’s the working class who bear the brunt of climate change and a lack of action from government has let them down.

“If the Scottish Government can’t meet their climate targets, then we cannot plan and manage a just transition.”

Commenting on the Climate Change Committee’s new report, which warns that “Scotland’s 2030 climate goals are no longer credible”, Convener of Holyrood’s Net Zero, Energy & Transport CommitteeEdward Mountain MSP, said: “This report is a reality check for us all. Reaching Net Zero means drastic measures need to be taken across all sectors and amongst every community.

“To make this happen, the Scottish Government must lead from the front.

“Clearly insufficient action has been taken to date. We urge the Scottish Government to present, as soon as possible, a coherent and practical delivery plan.”

MSPs see first-hand the importance of gardens for health and wellbeing

On Tuesday, 12 March, the charity Trellis and the Horticultural Trades Association (HTA) arranged for politicians and their staff to visit organisations that demonstrate how horticulture can deliver health and wellbeing benefits to vulnerable people and their communities.

These visits were organised in conjunction with the HTA’s Scottish Environmental Horticulture Growth Strategy, which highlights the link between health and horticulture.

The visits focused on the power of the natural environment as a health-promoting asset and how domestic gardens can provide significant physical and mental health benefits. The benefits of horticulture include recovery from illness, physical activity, weight impact, birth outcomes, and cardiovascular, mental and social health consequences.

After the visits, the HTA hosted the Cross Party Group (CPG) for Gardening and Horticulture for their Annual General Meeting at Holyrood on the same day.

The discussions centred on the health and wellbeing benefits of green spaces and the role of social and therapeutic horticulture in reducing pressure on the NHS.

Trellis discussed the benefits delivered and challenges faced by many practitioners and shared their work to create the UK Professional Association for Social & Therapeutic Horticulture and the UK’s very first accredited qualification for practitioners, developed with Scottish colleges.

Commenting on the programme of visits: 

Stan Green, Chair of HTA Scottish Policy Group and Trellis Board member: “It was incredibly powerful to see the work that is going on across Edinburgh that uses the value of plants and gardening to make a difference to so many lives.

“For MSPs and CPG members to learn more about the work of these organisations is an invaluable step in increasing awareness of the tangible benefits horticulture offers.  All of the discussions were underpinned by the shared acknowledgement that the benefits of the environmental horticulture sector must be recognised and utilised by policymakers to deliver health, wellbeing, climate, and social objectives.”

Fiona Thackeray, CEO of Trellis: “Trellis supports therapeutic horticulture projects across Scotland to thrive in all public spaces through supporting practitioners.

“These visits allowed us to showcase a small selection of the 500 gardens we work with and some of the incredible work going on in communities.

“It was also an opportunity to highlight to MSPs and CPG members some of the difficulties that are being experienced by organisations who are largely privately funded and whose value is under-recognised by policymakers.”  

Rachael Hamilton, MSP, Convenor of the Gardening and Horticulture CPG: “It was a privilege to spend time in the gardens with the staff who work so hard for communities across Scotland.

“The visits made it abundantly clear that access to green space and engagement with nature through horticulture can have a positive impact on mental health and wellbeing, as well as physical health.

“By incorporating horticulture into healthcare, social care, and education, the sector can help to reduce pressure on the NHS and contribute to a more sustainable future.  The CPG for Gardening and Horticulture is committed to advocating for greater recognition of the benefits of the sector.”

The places visited included the Royal Edinburgh Infirmary Garden and Midlothian Community Hospital Garden, both managed by CyreniansSeaview Respite Care CentreRedhall Walled Garden, managed by Scottish Action for Mental HealthGreen Walls at the Roslin Innovation Centre and Pentland Garden Centre.

Choudhury: ‘Now’s the time to prioritise cultural democracy’

Scottish Labour’s Spokesperson for Culture, Foysol Choudhury MSP, has today emphasised the need for Scotland to re-focus on engaging with community culture organisations.

Mr Choudhury was speaking following a meeting of the Scottish Parliament’s Cross-Party Group (CPG) on Culture and Communities which he convened on Wednesday 28th February.

The CPG saw presentations from groups Science Ceilidh, Art27 and Development Trusts Association Scotland and focused on the matter of Cultural Democracy in light of the ongoing Local Governance Review and Democracy Matters conversations.

Key themes which emerged from the presentations and subsequent Q & A were the needs to encourage communities to participate in their local culture and use it to address current topics by transmitting the community’s standpoint on local, domestic and international affairs.

Mr Choudhury says this is something he will continue to support community cultural groups in doing: “Culture is so important-it is the means by which we can understand our history, preserve our languages and traditions, and share our diversity with others in a vibrant multi-cultural society.

“That’s why it’s so important that communities are encouraged to engage in cultural endeavours-both to explore and transmit their own culture and to socially engage with a multitude of issues from their own cultural perspective.

“However, we must prioritise cultural democracy and make it easy for communities to engage with cultural exploration – this was made clear from the CPG meeting this week.

I will continue to work hard as Convener of this CPG to reach out to grassroots cultural community groups and progress words into action, to ensure that the discussions we have at Holyrood can be translated into actual opportunities for communities.”

MSP Choudhury, who is also chairperson of community organisation ELREC, says he looks forward to hosting more CPG meetings soon and will invite the Minister for Culture to give all cultural community organisations an opportunity to have their voice heard by those in Holyrood.

Clarity and communication needed to address Scotland’s faulty cladding

A Bill which aims to support those affected by faulty cladding has today been welcomed. However, more clarity is needed on the proposed legislation which aims to address the cladding issues raised following the Grenfell tragedy.

Holyrood’s Local Government, Housing and Planning Committee has been examining the Housing (Cladding Remediation) (Scotland) Bill. In its stage 1 report on the Bill published today, the Committee has called for a clearer picture of how it will help secure remedial action for affected properties.

Measures within the Bill would give Scottish Ministers powers to assess and remediate buildings with unsafe cladding, including where consent of the owners cannot be provided.

The proposals also include the creation and maintenance of a Cladding Assurance Register to give residents confidence about the assessment and works undertaken once those buildings are remediated.

However, the Committee’s report has called for more detail on how the measures within it will be delivered and the report noting repeated evidence of the skills shortages in the sectors that are essential to deliver the Bill’s ambition.

The report also stresses the importance of improving communication for those people affected both from the Scottish Government and developers. 

Committee Convener Ariane Burgess MSP said: “These proposals are a positive step in the right direction. But what has also been clear from the evidence is there is still more clarity needed to ensure that the remedial action needed will be completed. The progress of which has been concerningly slow.

“People have been deeply affected by these issues, and there must also be an improvement in the communication to those living in affected buildings. This includes clearer timescales for the work to take place and more detail of the remedial action being done. 

“Our Committee also wants to thank the residents affected, many of whom took the time to tell us how these issues have affected every aspect of their lives.”

Hundreds of people are being moved out of their council homes in Aberdeen after the houses were found to contain potentially dangerous concrete panels.

Thousands of council homes in the city were checked for the presence of reinforced autoclaved aerated concrete (RAAC). It was found to be in about 500 homes in the Balnagask area of Torry, including 364 council properties.

Holyrood agrees general principles of National Care Service Bill

Bill ‘not fit for purpose’ say unions

Legislation which will see the introduction of a National Care Service for Scotland (NCS) has passed Stage 1 in Parliament.

MSPs have voted for the general principles of the National Care Service (Scotland) Bill which will ensure greater transparency in the delivery of community health and social care, improve standards, strengthen the role of the workforce and provide better support for unpaid carers.

The proposals include establishing a National Care Service Charter, rights to breaks for carers and provisions to enact Anne’s Law so people in care homes have the right to be visited by their families.

Social Care Minister Maree Todd said: “We need long-term, widespread transformation to fix some of the ingrained issues within the system and ensure sustainability for the future. 

“We have spent considerable time working with people with lived experience on how to reform social care for the better. I’m grateful to the thousands of people who have lent their voices and I am determined to ensure the Bill delivers the positive change needed.

“Today’s vote shows that the Scottish Parliament also recognises this and I am grateful to them for bringing us one step closer to this urgent reform.

“This Bill is the biggest public sector reform since devolution and it is our chance to make meaningful change that we all agree is needed to the social care system. I know the people of Scotland will see huge benefits.”

Scotland’s largest trade union bodies have condemned the Scottish Government’s proposed National Care Service Bill as ‘not fit for purpose’ as MSPs approve the legislation at Stage 1.

The Scottish Trades Union Congress (STUC) alongside the three biggest social care unions in Scotland – UNISON, GMB SCOTLAND and UNITE – have written to the Cabinet Secretary for NHS Recovery, Health and Social Care Neil Gray outlining their shared concerns on the Bill.

The letter states that social care workers’ concerns have been ‘widely ignored’ by the Scottish Government and that, at this stage of proceedings, the Bill as drafted remains ‘firmly unacceptable’.

Last week the Scottish Parliament’s Health, Social Care and Sport Committee’s report into Stage 1 drew criticism from trade unions who outlined the ‘glaring deficiencies’ of the proposals on costs and operation of the service.

Commenting, STUC General Secretary Roz Foyer said: “It beggars belief that, despite repeated warnings to the Scottish Government, Scotland’s social care workers are still in the dark on the basic fundamentals of the new National Care Service.

“Our social care sector already suffers from insecure conditions and low pay. We cannot risk those weaknesses being carried over into any new system of nationalised care.

“We must see the Scottish Government take seriously the recommendations of the Health, Social Care and Sport Committee’s report into the Bill. This would include improving pay, terms and conditions for social care staff, including a £15 per hour minimum wage. We also need to see Scottish Government guarantees on Fair Work and sectoral bargaining in addition to full sick pay from day one of employment.

“Our social care staff are the lifeblood of our system. We value their work and it’s high time the Scottish Government does likewise.”

COSLA: “SIGNIFICANT CONCERNS” ON NATIONAL CARE SERVICE PLANS

Speaking ahead of the Stage 1 debate for the National Care Service Bill in the Scottish Parliament on Thursday 29th February, Councillor Paul Kelly, COSLA’s Health & Social Care Spokesperson, commented: “Councils have expressed significant concerns regarding current National Care Service plans and believe there is still work to do to ensure proposals can meet aspirations.

“In particular, Council Leaders are disappointed in the decision of the Scottish Government to continue to push through legislation where a power will be given to Ministers to delegate children and justice services, despite the potential disruption to services and extensive negotiations and concessions from Local Government.

“Council Leaders remain concerned that such a move risks excessive centralisation of decision-making away from local people and areas. Leaders did agree that COSLA should continue to work closely with Scottish Government to address these concerns.

“COSLA welcomes the progress which has been made in reforming some National Care Service proposals, including that local authorities will continue to play a central role in the delivery of, and accountability for care.

“There is a pressing need to improve people’s experiences of accessing and delivering care in Scotland. Although legislative and governance reform may be part of that, the reality is that national funding decisions – including the proposed council tax freeze which has not been fully funded – will further squeeze local care and social work services which are already under incredible pressure.

“Investment in social care must be seen as a priority which can enhance the wellbeing of people, of society and of Scotland.”

Having passed Stage One, the National Care Service (Scotland) Bill moves into Stage 2 where amendments will be considered by the Health, Social Care and Sport Committee before Stage 3, when the full Parliament makes a final vote on whether to pass the Bill.

Under strain mental health services need more support, says Public Audit Committee

A new report from a Holyrood committee has raised concerns over significant pressure on Scotland’s adult mental health services.

The Scottish Parliament’s Public Audit Committee heard evidence of an increasing demand for mental healthcare, with the Covid-19 pandemic and cost of living crisis putting even more pressure on already strained services.

The report calls on the Scottish Government to work with partners to improve the quality of data available to better understand demand for services.

Among the Committee’s concerns in the report are the “workforce crisis” facing NHS psychiatrists, and the costly over-reliance on locums that poses a risk to the quality of services provided.

While the Scottish Government’s commitment to ensure that every GP practice has access to a mental health and wellbeing service by 2026 is welcome, the Committee wants assurances that funding will be provided to make this commitment a reality.

The Committee is also clear that it is not the role of police officers to fill the gap in the mental healthcare system. It welcomes the work being done by Police Scotland to identify local policing partnership initiatives that could be implemented at a national level to reduce the impact on police resources.

The report underscores the pressing need for better data collection, equal access to services for minorities, and sustainable funding for the third sector to enable organisations to plan their services more effectively and to provide reassurance to people who use them that these services will continue.

Richard Leonard, Convener of the Public Audit Committee, commented: “We heard the message loud and clear from those we took evidence from – this is a system under immense pressure.

“Demand is rising, and despite a significant increase in funding for adult mental health services over recent years, incomplete and poor-quality data makes it difficult to know with any certainty whether this has led to an improvement in people’s mental health. The Committee welcomes the work underway to address a lack of information on primary care and will be keeping a close eye on the progress  of this work.

“We are also concerned that not everyone who prefers face-to-face support is receiving it and call on the Scottish Government to look into why there is such a significant variation in the number of face-to-face versus remote appointments across Scotland.”

The Committee took evidence from mental health organisations and charities representing and supporting those experiencing mental health challenges, professional bodies, Police Scotland, NHS boards, integrated joint boards, health and social care partnerships, COSLA and NHS Scotland Chief Executive as part of its scrutiny.

Committee calls for systems-wide change to achieve a circular economy

A Holyrood Committee has today welcomed the Circular Economy (Scotland) Bill but said that the Bill on its own is not enough to make the systems-wide changes needed to create a truly circular economy.

The Net Zero, Energy & Transport Committee says the Scottish Government must look at additional opportunities to act. In particular, the Committee says that tackling consumption and encouraging repair and reuse should be given further prominence in the Bill.

The report makes a number of recommendations to help Scotland move to a circular economy which would cut waste, carbon emissions and pressures on the natural environment. In recognition of the scale and urgency of action required to deliver a circular economy, the report says the setting of targets should be an obligation of the Scottish Government, not an option.

In order to support people to properly dispose of their household waste, the Committee recommends a uniform approach to kerbside collections across Scotland be brought forward to help the public recycle more.  

The report also makes clear that plans within the Bill to introduce additional charging for single-use items must go hand in hand with proposals to encourage more use of reusable items, making this the social norm and a positive choice.

The Committee believes that the costs for change must not all be borne by the consumer, and that producers have a huge role to play in reducing waste.

Committee Convener, Edward Mountain MSP said: “The aims of this Bill are well intended and will, on the whole, have positive impact. But with an estimated 98% of Scotland’s material use derived from virgin materials, progress towards a circular economy must pick up pace.

“We need fundamental systems-change which realises the value of products and supports reuse, repair and recycling. The Bill is a step in the right direction – both speeding up the process and helping to establish circularity as society’s new ‘norm’.

“This is a wide-ranging Bill, which will affect individuals, businesses and communities. Making important changes, such as making recycling bins the same colour across Scotland, would have a huge impact on behaviour and make a real difference.”

The Committee also welcomes measures to reduce fly-tipping and littering but emphasises that penalties must be proportionate and given only when other options have been exhausted.

Because this is largely ‘framework’ legislation, the Committee says that the Scottish Parliament must be given more time to scrutinise and consult, at times widely, upon future regulations brought in by the Scottish Government as a result of the Bill’s enabling powers.

The Circular Economy (Scotland) Bill was introduced on 13 June 2023. More information on the Bill can be found here.

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.