- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government whether Anne’s Law will be included in legislation related to the National Care Service.
Answer
Provisions related to Anne's Law are included within the National Care Service (Scotland) Bill.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government how much the process of co-design for the National Care Service will cost.
Answer
A Financial Memorandum was published alongside the National Care Service (Scotland) Bill which sets out a range of costs that could be incurred within the establishment and running of the NCS. This included anticipated costs for co-design.
For people participating in the Lived Experience Experts Panel expense costs they incur to participate will be remunerated. The cost of co-design will therefore be dependent on the level of engagement and remuneration claimed by individuals for the cost of participating. A policy document on remuneration is currently being drafted and will be published before the end of the current financial year.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government what its preferred method is of making appointments to care boards in the National Care Service.
Answer
The method for appointments to care boards will be considered as part of the collaborative design work with people who access and deliver health and care support, stakeholders and partners.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government what it estimates the value of any liabilities, including pensions, to be of any staff transferred to the National Care Service.
Answer
We are in the process of commissioning expert pensions advice in relation the National Care Service proposal. We have received bids and hope to award the contract shortly. Once the contract is in place full details will be made publicly available.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 06 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government how much it expects the transfer of staff to the National Care Service to cost under Transfer of Undertakings (Protection of Employment) (TUPE) regulations.
Answer
To support the Bill, provisions in the National Care Service (Scotland) Bill Financial Memorandum sets out an assumption of the range of required investments in pay and terms and conditions for frontline local government care staff, if all staff were to transfer to the National Care Service. This is set out at page 16, paragraph 53, table 8.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 06 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government what its preferred (a) geographical and (b) membership makeup of care boards in the National Care Service would be.
Answer
The method for the geographical and membership makeup of care boards will be considered as part of the collaborative design work with people who access and deliver health and care support, stakeholders and partners.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 06 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government whether it plans to seek external legal advice on the transfer of staff to the National Care Service under Transfer of Undertakings (Protection of Employment) (TUPE) regulations.
Answer
Transfer of Undertakings (Protection of Employment) (TUPE) / Cabinet Office Statement of Practice (COSOP) principles will apply if the delivery of services is transferred from local authorities to care boards. If that is the case, the TUPE process would be followed. Decisions on whether any staff transfers take place will depend on decisions taken at a local level. Legal advice will be sought as required and external legal advice commissioned as necessary.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government whether it plans to compensate local authorities for the loss of any staff who are transferred to the National Care Service.
Answer
Paragraph 48 of the National Care Service (Scotland) Bill Policy Memorandum refers to this. This can be accessed at: https://www.parliament.scot/bills-and-laws/bills/national-care-service-scotland-bill/introduced
Once the structure and governance of care boards and their localities have been decided, decisions about the employment of local government staff can be made. Transfer of Undertakings (Protection of Employment) (TUPE) / Cabinet Office Statement of Practice (COSOP) principles will apply if the delivery of services is transferred from local authorities to care boards. If that is the case, the TUPE process would be followed.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government whether only local authority staff will potentially be transferred to the National Care Service, and not NHS staff, and, if so, what the reasons are for this.
Answer
The answer to this question is set out in Paragraph 48 of the National Care Service (Scotland) Bill Policy Memorandum. This can be accessed at: https://www.parliament.scot/bills-and-laws/bills/national-care-service-scotland-bill/introduced
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 05 December 2022
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Current Status:
Answered by Kevin Stewart on 15 December 2022
To ask the Scottish Government whether it plans to repeal any elements of the Public Bodies (Joint Working) (Scotland) Act 2014 as part of its plans to create a National Care Service.
Answer
Under the National Care Service, local care boards will replace the current integration authorities in planning and delivering integrated health and social care services at the local level. We therefore intend to bring forward an amendment to the Bill to provide for the repeal of Part 1 of the Public Bodies (Joint Working) (Scotland) Act 2014.