Chamber and committees

The law on employment rights and duties is reserved to the UK Parliament and so the Scottish Government do not currently have the legal powers to set mandatory minimum rates of pay or a stand-alone right to take legal action to ensure this minimum hourly rate for workers providing direct adult social care, in commissioned services, is delivered.

This uplift is instead being delivered through Local Government contracts, and local commissioners have delivered funding for this uplift through a contract variation process with adult social care providers. This process is a means to ensure that providers who accepted the funding for the pay uplift contractually agreed to pass on that funding to eligible workers. In the event that funding is not passed onto the workforce to uplift pay, it will be for local areas commissioning teams to engage with providers to resolve any disputes where contractual obligations are not being met.

To support this, the Scottish Government and COSLA have set up mechanisms, through discussions with the Fair Work in Social Care Group, to establish and address any issues or exceptional delays in relation to delivering the funding for the uplift to providers and subsequently eligible workers.

We have regular communications with Scottish Care, the Coalition of Care and Support Providers Scotland (CCPS) and Trade Union representatives to discuss any concerns or questions around implementation of the uplift and have worked together to resolve these quickly.

We are currently working with key stakeholders to establish a webpage with details for members of the adult social care workforce to make contact with local commissioning teams directly if they are not receiving the £10.50 per hour rate so this can be investigated.

This uplift in the minimum hourly rate of pay for adult social care workers, delivering direct care, is being delivered through Local Government contracts and funding to deliver this took effect from 1 April 2022; with the Scottish Government transferring £200 million to Local Government to support investment in social care, including to deliver the £10.50 minimum hourly rate for these workers.

The Scottish Government and COSLA have set up mechanisms, through discussions with the Fair Work in Social Care Group, to establish and address any issues or exceptional delays in relation to delivering the funding for the uplift to providers and subsequently eligible workers.

We have regular communications with Scottish Care, the Coalition of Care and Support Providers Scotland (CCPS) and Trade Union representatives to discuss any concerns or questions around implementation of the uplift and have worked together to resolve these quickly. Through this process to date, we have not had any examples brought to our attention of private care providers not paying the £10.50 minimum hourly rate.

However, despite the apparently good levels of compliance, we are currently working with key stakeholders to establish a webpage with details for members of the adult social care workforce to make contact with local commissioning teams directly if they are not receiving the £10.50 per hour rate so this can be investigated.

The Scottish Government also encourages and receives communications from members of the workforce directly. To date, we have received one case where members of the workforce are not receiving £10.50 and this is currently being looked into.

The Scottish Government has supported additional staffing costs, including the Social Care Staff Support Fund, through sustainability payment funding to Integration Authorities.

£561 million in 2020-21 and over £700 million in 2021-22 was allocated to Integration Authorities for social care Covid-19 support, including sustainability payments. While no further Barnett consequentials have been provided, the Scottish Government has continued funding a number of additional Covid-19 costs in 2022-23, providing funding for all costs associated with vaccinations and testing in care homes to 31 March 2023. The emergency legislation underpinning the Social Care Staff Support Fund is due to expire on 30 September 2022 and officials are currently reviewing options for support beyond this date.

The Scottish Government does not receive separate reporting relating to the cost of the Social Care Staff Support Fund for delegated services, and such information would require to be requested from Integration Authorities.

The Social Care Staff Support Fund was set up in June 2020 using emergency powers provided by the Coronavirus (No.2) (Scotland) Act. This provision is intended for a group of workers who, due to the nature of their work or work environment, may be expected to self-isolate on more than one occasion as part of infection prevention and control. The aforementioned emergency powers are due to expire on 30 September 2022, and my officials are currently scoping what support may be required beyond this date.

I refer the member to the answer to question S6W-08949 on 26 July 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

There are a range of options available to women who require transvaginal mesh removal surgery. A contract with Spire Healthcare, where Professor Hashim operates, was agreed earlier this year and arrangements for the first patients to travel to Bristol are underway. Furthermore, the Scottish Government can now also confirm that a contract has been agreed with Gynaecologic and Reconstructive Surgery Ltd, Missouri, USA, where Dr Veronikis operates. NHS National Services Scotland will now work closely with NHS GGC and local Health Boards to facilitate the arrangements for those who wish to travel to Bristol or to the USA for mesh removal surgery.

These additional options, alongside the potential for referral to NHS England services, complement the Complex Pelvic Mesh Removal Service in Glasgow. Despite Covid-19, we were able to introduce that service on a phased basis and a number of patients have been seen in the intervening period and have had surgeries carried out. It is expected that NHS Greater Glasgow and Clyde will work towards improving waiting times as services begin to open up more fully.

The Scottish Government launched the Social Care Staff Support Fund on 25 June 2020 to ensure that social care workers receive their expected income should they be off ill or self-isolating due to coronavirus.

Staffing costs claimed through sustainability payments encompass the Social Care Staff Support Fund, the staff movement policy and other additional staffing arrangements therefore, we do not have data broken down to the level that you have requested. The guidance for the financial support for social care providers recommends a light touch approach to gathering evidence, recognising the administrative burden of claiming additional costs on both commissioners and providers alike, whilst they respond to the pandemic.

Feedback from stakeholders confirms that the Social Care Staff Support Fund has been utilised to prevent financial hardship for eligible social care workers.

The Scottish Government expects the Bank to publish its Gender Equality Strategy later this summer. As part of a wider Equality Strategy, we expect this to set out the Bank’s approach to advancing equality in Scotland across its activities and in line with legislative requirements, including those of the Scottish National Investment Bank Act.

Good governance and regulation is not captured by a single number. We will work with public bodies leaders and other stakeholders in the coming months, to agree the optimal public body landscape for achieving improved outcomes, good governance and regulation. The spending review provides a platform for engagement ahead of the next budget. We do not intend to take the same approach as set out by the UK Government, but we do need to reshape and refocus. We will work together across the public sector to look creatively at reform in order to become more efficient and deliver better outcomes.

The National Treatment Centre (NTC) Programme will deliver the single biggest increase in protected planned care capacity ever created in NHSScotland. The network of 10 NTCs will deliver capacity for over 40,000 additional planned procedures and diagnostic care across 12 specialties.

Within the next 18 months, NTCs will open in NHS Fife, NHS Forth Valley, NHS Highland and at NHS Golden Jubilee specialising in orthopaedic surgery. On 13 April, we also announced £1.8m of funding to purchase a private hospital in Ayrshire (Carrick Glen) to be developed into a new National Treatment Centre specialising in orthopaedics.

As well as significant investment in new infrastructure, the new NHSScotland Centre for Sustainable Delivery is also leading work to explore new and innovative ideas to reduce In Patient / Day Case and Outpatient waiting times. Examples include:

• The rollout of Active Clinical Referral Triage, to provide patients with information about non-surgical interventions and self-management options;
• Patient Initiated Reviews, enabling patients to be escalated if their condition deteriorates and reduces routine appointments while supporting patients in a safe and clinically appropriate manner; and
• Enhanced Recovery after Surgery pathways, designed to support patients achieve faster recovery after surgery.