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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 September 2025
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Displaying 917 contributions

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Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Craig Hoy

The Parliament will do that, but the courts might also scrutinise the legislation or the implementation or enactment of that legislation at some point.

What seems to distinguish the bill and the measures that it would effect is that we are passing it into law on a permanent basis. We could have tried to challenge many of the measures that have been brought in during the pandemic, but article 15 of the European convention on human rights gave you the safeguard and the certainty that the measures could not be challenged, because it says that Governments can act

“in exceptional circumstances ... in a limited and supervised manner,”

free

“from their obligations to secure certain rights and freedoms under the Convention.”

One element is the “limited and supervised” aspect, but passing the bill as permanent legislation will mean that you lose the time-limited element. Are you certain that article 15 would give safeguards if the bill was passed into law?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Craig Hoy

The measures in the bill on early release from prison and young offenders institutions are exceptional because they specifically relate to Covid and they are time limited. I go back to your opening remarks. If you want a statute that is fit for purpose, why would you not want to have the capacity to release prisoners early in another pandemic situation, or beyond 2025?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

On the consultation responses from the Convention of Scottish Local Authorities and individual councils, is there a risk that there will be a period of paralysis as we go through such a huge structural reform, particularly with regard to workforce issues? How should we guard against that?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

On page 19 of the briefing, you set out the timeline for social care reform. I note with some alarm that, even before we know the full scope of the services that might be provided by a national care service, we have management consultants coming in to put in place a programme management structure and the operating model. Is there a risk that we are putting the cart before the horse and will end up building a bureaucratic system independently of the patient or resident-centred care system that Feeley envisaged?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

I do not want to get into the detail of the proposals for a national care service—I do not want to pre-empt what the Government comes forward with—but, given that your report identifies that there is an urgent need for actions in relation to the present system, particularly in adult social care, is there a risk that the difficult decisions that need to be taken now could be put on hold, particularly given the much wider scope of and remit for a national care service, which go well beyond what the Feeley review envisaged?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

The timetable on page 19 shows, in effect, the national care service becoming fully operational by 2026. Bearing in mind that we are already into the second quarter of 2022 and no legislation has come forward as yet, do you think that the timetable is reasonable and that any costings that you have seen so far are likely to be deliverable and achievable?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

In response to a question from Mr Beattie, you talked about the importance of data. The Scottish Government’s consultation envisages a single national information technology system for patient and resident records. What are the risks in putting together such a huge scheme, given that public sector IT systems have not always run according to plan or budget?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

Like the Feeley review, the Government’s consultation continues to envisage the private sector playing a significant role in the delivery and provision of care. How should the Government go about making sure that it fully consults and engages with the private sector and keeps it informed so that it does, in the end, form part of the solution that we will see once there is a national, but not nationalised, care service?

Public Audit Committee

“Social care briefing”

Meeting date: 3 March 2022

Craig Hoy

Would you accept that we are almost talking about a fundamental structural reform of local government? I think that it was Mr Clark who referred to the need for urgent action from local authorities and IJBs in relation to the present demands and needs of the care service. However, we can see local government and IJBs being moved out of the picture, in effect—certainly, we can see a rebranding of IJBs—through the process. As we look at the structures and ownership of the system, will there be a risk that we will lose accountability at the local level and perhaps end up seeing some of the issues that you have identified in the past—for example, in relation to Police Scotland?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Craig Hoy

Would it not have been better to make the public aware of those concerns at that stage?