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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.

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.

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

In relation to what, convener?

I have not made any comments about the Faculty of Advocates.

I have read submissions from all organisations, Mr Mundell, but if you want me to reflect on those submissions at the moment, I cannot do so, because I do not have them in front of me. In all fairness, I think that you will understand that I cannot remember every single submission that I have seen.

I will turn to Mr Richards to answer that.

What I have said all the way through is that we will continue to listen to parliamentarians when it comes to the secondary legislation. Mr Mundell and others are used to the processes of primary legislation and making amendments at stages 2 and 3. I recognise that many folks are comfortable with all of that. That would not work with co-design—it would blow co-design out of the water.

We want to ensure that people are at the very heart of the shaping of the national care service. We want to ensure that we have the flexibility to make changes when they are necessary in what is an ever-moving world when it comes to the delivery of social care. As we move forward, I will look at any stage 2 amendments that are lodged and are within the scope of the bill and will, again, have an open-door policy so that I can discuss issues with members.

I disagree with Mr Mundell. This is the seventh committee that I have been at with the bill, so it has already had a fair amount of scrutiny. One of the things about this is the co-design process; what I have and want others to have is faith in the people and in the voices of lived experience of the carers and those who work on the front line, because they will help us to shape a service that is fit for the future.

Thank you, convener, and thanks to the committee for asking me to give evidence today. Happy new year to all.

It is fair to say that the national care service represents one of the most ambitious reforms of public services. It will end the postcode lottery of care provision across Scotland and ensure that people who need it have access to consistent, high-quality care and support to enable them to live full lives wherever they are.

People who have experience of receiving and providing social care are clear that significant reform is needed, despite the changes that have been made over the past 20 years. We have excellent legislation and policies, but when it comes to putting them into practice, there is a gap.

The NCS bill sets out a framework for the changes that we want to make and allows scope for further decisions to be made in collaboration with the people who will be most affected by them. That flexibility will enable the NCS to develop, to adapt and to respond to new circumstances over time.

It is important that we start by establishing the principle of transferring accountability for social care to the Scottish ministers. The new system will be person centred, to ensure that the NCS is delivered in a way that respects, protects and fulfils the human rights of people who access care and support, as well as associated people such as carers.

We are fully committed to improving the experience of staff in the social care sector, too, because we recognise and value the work that they do.

Our co-design process will ensure that the national care service is built with the people whom it serves and those who deliver it at its very heart.