Item 2 is our first evidence-taking session on the Public Bodies (Joint Working) (Scotland) Bill. I welcome to the committee three witnesses from NHS National Services Scotland: Ian Crichton, the chief executive; Simon Belfer, the director of finance and business services; and Professor Marion Bain, the medical director. I also welcome—last but not least—Peter Reekie, the director of finance in the Scottish Futures Trust.
Goodwill towards the concept of integration comes across from people who come before the committee. Most people express a need for integration to happen. Why has the Government gone for legislation? Might that approach lead to a breakdown in the goodwill that is needed to make integration work?
Do you mean legislation in relation to NSS’s area or legislation in general?
I mean legislation to make joint working function properly.
It probably shows that the Government’s patience to wait for people to get there themselves is limited. I do not think that we need legislation for us to be able to work together; during the past year, NSS has done a lot of work to improve the way in which we work with other public bodies without there being such legislation. However, over probably the past decade, the evidence is that without a bit of a push, the public sector finds it difficult to integrate.
The committee has heard from many places about the good work that has been going on in Highland. It looks as if there is a way to achieve integration without having to twist folks’ arms. Has the Government looked at the Highland experience? Has it perhaps overlooked the possibility of ensuring that the Highland model works effectively, rather than introducing legislation?
I am not an expert on the bill but, as I understand it, it provides that people will be able to choose from two different models: some kind of body corporate that is created between two existing bodies; and a model such as Highland has adopted. The Government seems keen to allow local choice in how integration actually happens. The role of NSS is a little different. We are trying to support that effort, regardless of the choice that people make locally.
You mentioned local choice. If people backslide or cannot make up their minds about which model to choose, will the Government step in and say, “Enough is enough. You need to go ahead, and this is the model that you must use”? Has the Government got the balls to do that?
I think that that is a matter for the Government to comment on.
Okay. Thank you.
Part 2 of the bill will enable National Services Scotland to extend its services to other public bodies. In June, the Public Services Reform (Functions of the Common Services Agency for the Scottish Health Service) (Scotland) Order 2013 came into force. For clarification, will the witnesses from NSS say whether the provisions in the bill differ from those in the order?
The provisions are largely the same. The idea was to enable us to start having conversations with other parts of the public sector by putting in place the reform order as a stopgap, with the approach then being properly codified in the bill.
Do you have plans to extend your services?
It is important that we ensure that the committee understands why we wanted the reform order in the first place. We knew that the bill was coming, and we know that Scotland will integrate its health and social care during the next decade. If there is to be an integrated landscape in future, in which the national health service will be quite different—and particularly if new bodies are to be created between existing ones—it will be important that we have the room for manoeuvre that enables us to give support more broadly. That was a key reason why we wanted the reform order.
What capacity is there in NSS to extend services?
It varies, depending on the area that you look at. We provide a broad range of services—I am sure that the committee knows this, but we should ensure that there is a common view of the spectrum—from the Scottish National Blood Transfusion Service to the central legal office, national procurement and information technology services. We are responsible for health information and informatics.
Thank you. That is helpful.
What plans does NSS have to extend into areas that other public bodies cover?
Our planning is evolving. We have spent the past year getting to know a lot of other public bodies, because fundamentally we want to provide a helping hand. We have constrained capacity, so we have been keen to channel capacity where it makes sense to do so.
I am trying to get to the bottom of why legislation is required. What was in place previously that prohibited you from doing what you are describing?
The actions of my body were restricted to the national health service. We were not allowed to operate beyond the NHS.
Okay. Am I right in assuming that you would enter into other areas and work jointly only on invitation? Would that be part of the agreement between a local authority, for example, and NSS?
There are two elements to that. First, we need to be invited in. As far as local issues are concerned, there is no public body to which we would provide a service that did not ask for it. We can provide national expertise but make it available locally. That is not something that we impose.
You said that you operate on a cost-recovery basis. Do you speak about and negotiate that with the authorities concerned prior to carrying out the work?
One of the things that changes with the landscape is whether there is a need to tender. In health, we do not need to tender for the business that we provide because of the way that the funding flows from the Parliament. The situation will be more complicated if we start to operate beyond the health service, and our lawyers and Scottish Government lawyers are examining that.
Richard Lyle is next.
I would like to pursue the information technology side of things—
Richard Lyle! [Laughter.]
Sorry.
I thought that Dr Simpson had changed his name there.
I can talk only from our perspective. We provide support where people feel that they need it. I will give an example from the health service. Last year, we put together a property framework—frameworks 2—which gives us a list of contractors that we have been able to vet and with which we have been able to agree pricing up front. We know that there will be value for money, with penalty clauses around things being delivered late and so on. That framework is then made available to any public bodies that want it so that they can draw from it for their own benefit. Previously, that would have just applied to health, but it can go beyond that. The starting point is what the public body needs.
There are two parts to the question. What will go into the integration pot will be for the local authority and the local health board to decide—whether they adopt the lead agency model or the body corporate model. Part 2 allows us to offer services if requested or required by a body other than the health board. It also enables a local authority to use us. Those two things are slightly different and separate. There would be a discussion where we stated the services that we offer and asked whether the body was interested. We would have a normal discussion, a negotiation and an arrangement around those services. That is quite different from saying what must go into the integration pot, which will involve the local authority and local health board. Does that help?
Yes, thank you.
I call Richard Simpson.
It is confusing to have two Richards. I apologise to my colleague, Richard Lyle.
I shall make an initial response and then hand over to Marion Bain.
I agree with all those comments. We know that there has been a problem over many years. In answer to the question, I do not think that it is our role to be prescriptive about such things, but the bill will allow us to be supportive in moving the agenda forward. Actually, the issue is a really good example of why we as an organisation are so keen to be involved in this space.
Well, I look forward to that.
First, as a tiny supplementary to Richard Simpson’s question, I want to ask about where NHS National Services Scotland fits in. Even prior to health and social care integration, there is still a lot of fragmentation of IT systems within the health service. The situation will not be changed by the bill, which I understand is more about how you will be able to use some of the good work that you are currently doing with local authorities and other public bodies. Should there always be the ability to have local decision making about IT systems? In a nation of 5.3 million people, should the 14 health boards still have the ability to buy 14 different IT systems? Surely to goodness, as we move forward, there should be some central co-ordination of that.
I mentioned standards, and I think that standards are more important than systems. What is required to run hospital and community resources in Orkney might be quite different from what is needed to run services in Glasgow, so there would be a danger in prescribing everything centrally. The centre needs to get better at having a clearer strategy, such as through the e-health strategy board. The strategy needs to be increasingly clear about our route map, if you like, but I think that there has been more clarity in recent years. There would be a real danger in prescribing everything from the centre.
I will not indulge myself by asking further supplementaries on that, although it is an area of interest.
As you will know, part 3 of the bill has a couple of provisions that are very relevant. On disposals, we are particularly keen to see health boards and local authorities being able to work a lot more closely together on their property strategies, both for building new facilities and for the disposal of facilities that are no longer needed.
When I was preparing for today’s meeting, I read that health boards’ ability to provide services or enter into joint infrastructure agreements with neighbouring health boards is also quite constrained, but that that will change under the bill. Could you say a bit more about that, particularly about where the barriers might be at the moment, or could you describe a potential infrastructure venture that could not go ahead with the current arrangements but which would be able to go ahead following integration?
Again, this is about efficiency and giving us the ability to do things commercially as efficiently as possible. In the hub programme, for example, if a health board is buying two or three small health centres, there are a number of reasons why it might make sense to package those into a bundle. If we are developing a design, build, finance and maintain contract over a number of years, the costs of the legal and financial advice for a transaction and the costs of running that agreement are not huge, but they are significant. Therefore, if we are able to bundle together two or three small health centres into a single transaction, that will just be plain better value.
Okay. Can I just make sure that I am clear about this? I represent Glasgow region, and under the hub model, in the area of Glasgow in which I stay, Woodside centre is going to be rebuilt, as is Maryhill health centre and one in the south of the city. I assume that they will all be packaged together to get the best deal for the public purse. I know that nothing is plain sailing in this world but, would the contract for the venture that you have just described to me have been far easier to pull together if it fell within one health board area?
Yes, if it was all within one health board area. A single client would make the contractual structure much simpler. There would be one contract and one client. In your example it would be Greater Glasgow and Clyde NHS Board and Hub West Scotland. In the north area that I was talking about, and Forres, Woodside and Tain health centres, NHS Grampian and NHS Highland were trying to bundle projects together, and the ability for one of the health boards to act as a lead would have made that a lot easier.
It is always dangerous to ask a question without knowing the answer to it, but if you needed to build a health centre in a location that made it geographically suitable to provide services to patients from two different health board areas, could you do that under the current structure? Will that change with the bill?
I think that the ability of health boards to provide services to one another is considered separately from the bill. That is not my area of expertise, but I know that it is possible for health boards to provide medical services to patients from outwith their areas.
Richard Simpson and Nanette Milne have supplementaries.
Part of the purpose of integration is to allow different services to be co-located. For example, at the Broxburn and Fauldhouse centres, which were quite expensive, health services are integrated with social services. Such integration is extremely important but, beyond that, integration is also about allowing the benefits people to provide services from the same place. As well as providing the flexibility for health boards to co-operate as you have described, will the bill provide the flexibility for local authorities and other agencies such as the Department for Work and Pensions to contract jointly for buildings from which co-located services will be provided?
One of the most powerful points of the hub programme is that it allows local public bodies, particularly health boards and local authorities, to procure and occupy facilities together. There are several good examples of that on the ground. Not far from here, Hub South East Scotland has just handed over the Wester Hailes healthy living centre, which brings together NHS Lothian, City of Edinburgh Council and some third sector organisations in one facility. Primary care and outreach consultant clinics will be provided alongside social care and children and families services. It is our belief that shared facilities and co-location can be a catalyst for integration; they do not necessarily have to follow on behind it.
That is extremely welcome. The bill will allow you to put together a contract across health boards. Will you be able to do that across local authorities as well, or can you already do that?
That can already be done between local authorities and health boards.
Can it be done between local authorities?
I believe that that is possible, but such overlap is less of an issue for us in hub contracting arrangements.
Right, but if, for example, three health centres were to be co-located with three local authority services but two different local authorities and two different health boards were involved, would the current legislation or the new bill allow you to put all that together so that one health board could contract on behalf not only of the other health board but of the two local authorities? Unless we get full integration, we will go only part of the way to addressing the issue.
I confess to not knowing the detail of whether local authorities can act on behalf of one another in the same way that the bill will allow health boards to do, but I can find out about that and provide you with some written evidence, if you would like me to.
That would be very helpful.
We heard in the bill team briefing that the legislation puts health boards on a similar footing to local authorities. I will sneak in with a supplementary here. We have already discussed co-location and assets. Will giving health boards powers that are similar to those of local government enable them to form arm’s-length companies and other such bodies, as local authorities have done in order to deliver leisure and other services? Is that a possible consequence, or is it not envisaged?
It is not envisaged as a natural consequence of the bill. Part 3 specifically allows health boards to enter into different corporate structures, but it really refers to the possibility of a board becoming a member of a limited liability partnership as well as a company. Health boards can already co-invest or become part of companies that exist under the Companies Act 2006, and the bill extends that provision to include LLPs and other corporate structures.
I have a regional interest in the issue. I think that I am right in saying that the proposed health centre at Inverurie in Aberdeenshire is to be bundled with another one in Highland. How is the lead board determined when such projects are set up?
A range of factors are involved in the decision. One factor might be which board in the bundle has progressed furthest with its project; another might be the range of skills and experience of the teams in the different health boards. The decision could be made simply on a value basis, with regard to which project carries the balance of the capital value. There are no specific arrangements in place.
Once the lead board is chosen, how much impact will carrying out that function have on its time and resource requirements?
That would be very project-specific. Project management and commercial resources will be required for all the projects. Overall, the whole is less than the sum of the parts, so all the boards acting together will need less overall resource than they would if they were acting separately. The lead board will obviously be required to lead on the project management and commercial aspects of the deal, although running those through the hub will minimise the impact in comparison with that using more traditional procurement models, because the partner will already be in place and much of the documentation and commercial agreements will already be tied down.
Finally, once the project is complete and the buildings are there, where does responsibility for maintenance thereafter lie? Does it remain with the lead board, or is it split between the two boards?
This type of structure is envisaged mainly for contracts that will be let on a design, build, finance and maintain basis, so the maintenance of the facilities will become the responsibility of the delivery partner for the next 25 years or so.
We discussed disposal of assets earlier, including some physical assets, which could include land. Many local authorities are land-rich, but I am not sure whether any health boards have large amounts of land in their portfolios.
A lot of work is being carried out on identifying surplus assets in individual local authorities and health boards, and those bodies now have very good sight of their potential surplus assets now and in the future. We are trying to deliver a more integrated look at those assets and are working with a number of health boards and local authorities on place-based reviews. In other words, we are looking across the whole assets of a health board or local authority in a town or part of a city to find out which areas it would be best to develop and which it would be best to dispose of. It is not that the bodies themselves do not know what they have or where it is; however, by bringing them together, we can sometimes create better value or a more integrated future plan.
In that case, is it fair to say that this is less about allowing the disposal of assets that currently cannot be disposed of than it is about maximising the value of those assets by allowing these kinds of arrangements between local authorities, health boards and the private sector to take place? Is it more about maximisation than about unlocking the ability to dispose of assets?
Yes, it is about maximisation. However, in the process of maximising value or allowing bodies to jointly plan what they want to do and the order in which they do it, there will be investment as well as divestment and certain things could become possible commercially that would not have been possible before. Property developers talk about what is above and below water; that waterline moves and if by bringing certain sites together we can add value to them and take them above the waterline, we can allow things to happen that would not have been able to happen before.
Do any other members have questions?
Going back to Peter Reekie’s comment about procurement and pulling things together, I should say that, aside from that, part of the Health and Sport Committee’s role is to look at health inequalities. Part of health inequalities is the inability to find a job. If you bundle such contracts together over such a huge area, you will actually stop the workforce being part of the bidding process. When you think about, say, building a health centre in Glasgow, how do you calculate the entire cost to and what is best value for the public purse? How do you make work available and open to those in areas in deprivation who need it?
I do not think that by bundling projects together you affect which individual does the work on the ground at different sites. All of our hub companies have to advertise and compete their contracts at a lower level, and the competition for what we call tier 2 contractors will bring in the most appropriate and value-for-money contractor to each opportunity. In the past, a very high number of contracts have gone to local small to medium-sized enterprises—for example, well over 80 per cent of the contracts for the Drumbrae project in Edinburgh were delivered by local SMEs—and given the nature of the construction industry and how it delivers these things some of those packages will be subcontracted out again to very small-scale entities local to the individual project. It is important in, say, mechanical and electrical packages that there is a good amount of design integration, and that design will be carried out by a larger-level regional contractor that might well be able to cover three health centres.
Are they forced to do that by whatever has been written into the contracting process?
Yes. Subcontract tendering is written into the contract, as are key performance indicators for community benefits and jobs and training places on every single project that is delivered through hub.
Concerns have been highlighted about what you can do with regard to procurement and so on, but I suppose that what we have been asking about is your evaluation of a bid at a local level. I acknowledge that the construction industry is free-flowing and reaches across the whole country and that people in my constituency will benefit from a project in Edinburgh, but the fact is that more and more local construction partnerships are being set up in our constituencies and are requiring contractors to take on local apprentices or local labour at the appropriate level. Is that sort of element prominent and costed in each of your contracts?
Absolutely. It is prominent in every contract.
I was only going to make a comment, convener, but I now also have a question to ask. I moved into a new house a year ago now and the builder is still on site—
It wisnae me.
Everything that happens with the house is dealt with by a subcontractor, who is often locally based. Only one large construction company in the whole of Scotland has direct staff; in every other case, the work is subbed out, usually to local firms. I think that it is important to put that on the record.
The hub model gives us a long-term relationship with the development partner and the ability to say to them, “This will affect your future workload as well as this individual project, because you need to show that you are meeting all of our KPIs on employment and training in order to get the future pipeline of work that you want from hub.” By linking that long chain of projects together and allowing people to see where future work is coming from and to plan for that through community partnerships and long-term relationships with local subcontractor supply chains, we deliver not only better value in cost terms but, in my view, better outcomes for communities.
I know that there has been a bit of drift in our scrutiny of this issue, convener—
Just a tad.
However, that response was very helpful.
Do you monitor and evaluate those outcomes?
Indeed we do.
You might want to share that interesting information with us.