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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 26 April 2025
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Displaying 1225 contributions

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Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

Absolutely—I do not disagree with that and I am sure that Parliament will make changes to the bill along the way. Stakeholders feel that they have not been listened to enough. By doing the work this way, they feel that they are being listened to. They recognise that the principles of the bill will be in place and that we will then move into the co-design process. As we move forward and come to secondary legislation, they recognise that there will be further consultation and that changes might take place. However, I think that we needed to set out the general framework in order to gain people’s confidence and get them to take part in the co-design process.

I do not want to speak for others, but I think that it would be fair to say that many of the disabled people’s organisations, for example, feel that they have not been listened to enough over that journey period of social care integration. We need to take those folks with us. That is why co-design is so important and that is why we need to have the framework in place before we start the co-design process.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

Thank you.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

As I have said all along, we will be open and transparent all through this process. We are putting together lived experience experts panels. Prior to the Christmas break, I think that over 400 people had applied to join those panels—I am looking at Ms Kynaston, and she is nodding—along with stakeholder groups.

We are making the lived experience experts panels as accessible as we possibly can. We know that some folk will be able to be involved in great work in putting forward their views but we also know that some folk will prefer one-to-one discussions.

We know that we have to ensure that the panels are accessible for all, including folks with sensory impairments and folks with learning disabilities—the list goes on. We are committed to doing that as we move forward. We will continue to promote our vision for the national care service to the wider public as we carry on with this process.

Over the summer, we ran five public engagement sessions to explain what the bill would mean for people. We have published questions and answers, and we ran three introduction to co-design events at the end of last year, setting out how co-design will work and what co-design is.

If any member feels that there is more that we can do on that front, I am more than happy to listen—as Ms Minto knows, because she and others have approached me about what this all means for communities in Argyll and Bute. I am more than willing to have such conversations with any member, or with anyone, really.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

As I have said at the meetings of numerous committees, I want to be open and transparent. I want and welcome scrutiny of the bill, and I will also welcome scrutiny of the secondary legislation. Mr Sweeney, and many others, want the answers to all the questions now, but if I start answering all the questions now, it makes a mockery of the co-design process. I recognise that parliamentarians want to know everything in the here and now, as I have asked such questions myself, from the other side of the table.

We have to have faith in people and in the co-design process. I know that the approach is different, but it is the right thing to do with this public service reform. It is important that we give people and stakeholders the ability to help us shape the national care service, which has to be fit for the future. We have a future with changing demographics, so we have to take that into account.

I ask Paul Sweeney not to ask me for all the answers now, and instead to wait and see what comes out of the co-design process and what answers people come up with to shape the national care service.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

I refer Mr Balfour to my earlier response about co-design. It is not a case of ministers just making the decision because, of the five co-design stages, the third stage is agreeing with people on how we move forward.

We know that there will be polarised views and we know that not everything that every single person wants is possible, but stage 3 of the co-design is agreement. I say again that the co-design stages are understanding, sense making, agreeing, drafting of regulations and then consultations on those regulations. There is a huge amount of opportunity in that process.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

We will co-design a complaints and redress service for the NCS that ensures accountability. Co-design will take place with people with lived experience, in order to hear their experiences of accessing and providing social care support, and with partners and stakeholders, who will be involved in the implementation. That will include the Scottish Parliamentary Corporate Body and the Scottish Public Services Ombudsman.

No decisions on implementation have been taken, because co-design will inform that. However, section 14 places an obligation on the Scottish ministers to establish a service for receiving and allocating complaints about services that the NCS provides.

Ministers will have regulation-making powers to provide for the handling of relevant complaints, including improving and strengthening how complaints about the NCS and wider social care services are handled and the associated redress processes that will have to be put in place. Under section 15(4), the regulation-making power requires the Scottish ministers to secure the Scottish Parliamentary Corporate Body’s consent before laying any draft regulations that would modify or remove functions of an SPCB-sponsored body. That is similar, although not identical, to a provision under section 19 of the Public Services Reform (Scotland) Act 2010. The key difference is that, under that act, the provision must first be requested by the SPCB.

It is considered an appropriate balance for the control and scrutiny of the NCS complaints system that the Scottish ministers should be able to propose appropriate provisions following co-design. If it wishes to, the SPCB will have the power to veto those through withholding consent. Subject to consent, detailed provision would be set out in subordinate legislation, which would be subject to parliamentary scrutiny through the affirmative procedure. I hope that that lays out the processes for Mr Balfour.

I hope that the Scottish Parliamentary Corporate Body would take cognisance of the views of the people who are in the co-design process so that we get the complaints and redress process right for all. As for the views of the public, I have been struck by how, at points, folk have felt that they were not able to complain or seek redress because of a fear that services might be withdrawn. We must ensure that that fear goes, whether or not it is only a perception.

We must ensure that there is a complaints and redress system that works for all. I hope that we all—the people, the SPCB, ministers, the Parliament, the ombudsmen and others—co-operate so that we get it right as we move forward and we do not have folks fearing to seek redress or even to make complaints.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

Those questions are for your clerks rather than for me. I see the clerk nodding her head.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

In relation to what, convener?

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

No, I do not. I am not so chuffed that Mr Mundell is trying to get me out the door at the very start of the new year.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Kevin Stewart

We will not go there, convener.

The national care service is all about people. We will be guided by people and by stakeholders through that co-design. I am sure that all of us around the table, regardless of whether we are supportive of the national care service proposal, recognise that people need to be at the very heart of it. We need to do something a little bit different here and put our trust and faith in people themselves.

One of the reasons why social care integration has not been the best that it possibly can be thus far is implementation gaps. Through co-design and with people’s help, I am absolutely convinced that we can get those implementation gaps filled, and do it right.

Beyond that, as I said earlier, it is much better to put some things into secondary rather than primary legislation so that we can be flexible and put things right at a far greater pace. Even so, as I have said at previous committees, I am more than willing to listen to others from across the parliamentary chamber on stage 2 amendments that might work. However, I appeal to members of the committee—as I have appealed to members of other committees—to listen to the voices of lived experience and hear what they have to say about where things have worked for them and where they have not. That might change the views of some folk about using secondary legislation in order to be much more adaptable in meeting the needs of folk out there.