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Third Holyrood committee challenges NCS plans |
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Holyrood
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The Scottish parliament’s Delegated Powers and Law Reform Committee says the draft legislation to establish a national care service risks setting a dangerous precedent which could undermine the role of the parliament, and is calling for the Bill to be halted.
The bulk of the development of the NCS, including its structure and what services are to be included, is to be introduced to parliament in the form of secondary legislation or directions made by ministers.
This, according to ministers, is to allow codesign with individuals and organisations to feed into the final plans.
However, in a report published today, a Scottish parliament committee says this approach will significantly reduce the ability of MSPs to scrutinise changes and bring forward detailed amendments.
All but two members of the Delegated Powers and Law Reform Committee say the proposed approach is “unacceptable” and that the Bill should not progress in its current form.
Insufficient detail within the Bill has not allowed for meaningful scrutiny, says the committee, which risks “letting down” those people the Bill is intended to help in the future.
The report comes after both the Finance and Public Administration Committee and the Education, Children and Young People Committee have challenged what they see as a lack of detail in the Bill.
All three secondary committees – scrutiny is being led by Holyrood’s Health, Social Care and Sport Committee – have raised alarm over a lack of detail in the Bill and its accompanying financial memorandum, which has “frustrated” the parliamentary scrutiny process.
The Education and Young People Committee said a lack of critical research and detailed financial information meant they “cannot form a clear view” on whether children’s services should be included in the new service.
The committee’s final report, published in December, says that much of this groundwork could - and should - have been taken before the Bill was brought forward.
The Finance Committee raised concerns over the costings included Financial Memorandum that accompanied the Bill, as it called for fully costed plans to be brought forward before it is debated by the whole of parliament in March.
The Scottish government has committed to fully co-design the national care service, establishing a Lived Experience Experts Panel and National Care Services Stakeholder Register to aid in the planning and development of the NCS.
This approach has been questioned by human rights experts, who have cast doubt on the ability of the government to ensure this process is meaningful and robust.
Today’s report says that parliamentary scrutiny is not a barrier to collaborative working and that the government should rethink its approach.
Committee deputy convenor Bill Kidd and substitute member Jenni Minto both dissented from the conclusions reached by their colleagues. They say they are content with the delegation of the powers in principle.
Today’s report will feed into the final recommendations of lead committee the Health, Social Care and Sport Committee, which is due be published in March after a lengthy series of evidence-building sessions.
Following this, parliament will consider the Bill at a Stage 1 debate.
Read recent stories on the NCS: MSPs: Lack of detail in NCS ‘frustrated’ scrutiny; Unions: Social care workers need action now; Calls to pause national care service legislation; Legal experts: NCS Bill too vague on human rights.
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