Not a single member of the expert group set up to advise on changes to the National Care Service Bill support the proposed government amendments, according to a frustrated participant.

Think-tank Common Weal has redoubled its criticism of the way the Scottish government has made changes to the Bill, saying it has opted to ‘pick and choose’ which parts the Expert Legislative Advisory Group’s discussions to take forward into its new proposals.

Writing to the health and care committee, Head of Policy Change Craig Dalzell says that the government ‘determined the agenda for the meetings and decided what it wanted to take from them’, in what he says is the opposite of “legislative advice”.

Common Weal and several other members have previously criticised the way the expert group has been run, saying they had been given no opportunity to consider the actual draft amendments.

Now, following the group’s most recent meeting which took place three days after the draft amendments were made public, Common Weal says members expressed ‘considerable disquiet’ throughout the process – and especially at the final meeting.

Mr Dalzell writes that many attendees expressed concerns about a summary outputs report sent to the committee by social care minister Maree Todd, as it was not felt to have properly reflected the conversations of the group:

‘This was first because there had been no opportunity for us, as members of the group, to see or comment on the content of the report before it was submitted to you. And second because people did not believe its content reflected what had been discussed at the meetings rather than what the Scottish government decided to take from them.

‘In short, we did not hear a single person/organisation at the final meeting express support either for the report or the proposed amendments.’

Examples include an amendment which will give Scottish Ministers the ability to freely control the composition, membership and work of the National Care Service Board, which Mr Dalzell says is in direct conflict with what the group suggested.

He says in the letter that the advisory group spoke at length about how to make the board more representative and accountable while the amendment, he believes, will achieve the opposite.

Mr Dalzell also points to a clause that remains in the updated Bill which will allow for the introduction of criminal sanctions for staff who fail to share information.

He says this was never discussed by members but, if it had been, he believes few members would have supported its inclusion.

Mr Dalzell says Common Weal hopes to produce a more detailed critique of the Expert Legislative Advisory Group process in due course and hopes other organisations will also do so.

Meanwhile, the health and care committee will continue to gather evidence from organisations and the public on the updated proposals for a National Care Service until 30 August.

The committee will take further oral evidence before formal stage 2 proceedings at the end of the year.

UPDATE, 11am 25/07/24

A Scottish government spokesperson said:

“The Expert Legislative Advisory Group (ELAG) is one of several forums that is playing a part in shaping Stage 2 amendments to the National Care Service Bill.

“A range of views were heard at the group and these are helping to inform Scottish government policy.

“ELAG discussions highlighted the importance and complexity of membership and composition of the NCS Board and confirmed the need for further discussion and co-design to inform final decisions. This, in turn, has influenced the co-design process on the NCS Board taking place this summer with stakeholders and people with direct experience of accessing care.

“It has also influenced the drafting of the proposed government amendment which now sets out a core minimum membership and provides the flexibility to develop the detail in secondary legislation.”

Read more: Holyrood seeks views on NCS amendments; A timeline of Scotland’s National Care Service; New shape of National Care Service emerging

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