Chamber and committees

The Scottish Government expects companies which are awarded public contracts to maintain high standards of business and professional conduct. Public procurement legislation, implementing the UK’s international obligations in this field, provides that companies may be excluded from bidding for contracts in certain circumstances, including where they have engaged in grave professional misconduct which renders their integrity questionable.

The exploitation of assets in illegal settlements could be regarded as constituting grave professional misconduct for the purposes of procurement law, but a decision to exclude a company from a competition must be taken on a case-by-case basis by the public body awarding the contract in question, in full consideration of all of the evidence available to them at that point in time. Decisions must be proportionate and are subject to challenge in the courts.

Scottish Ministers have no power to require that any company is excluded from all competitions.

In 2021-22, there were 973,604 recipients of Winter Fuel Payment in Scotland. This number increased to 991,431 recipients in 2022-23.

Scottish Government analysis suggests that between 110,000 and 130,000 pensioners will remain eligible for payment in Scotland this winter. This represents a reduction of around 900,000 pensioners who will no longer be entitled in 2024-25.

The UK Government’s decision to restrict eligibility for Winter Fuel Payments has had a significant impact, reducing the Block-Grant Adjustment associated with devolution of the UK’s Winter Fuel Payment by an estimated £140 million to £160 million in 2024-25, nearly 90% of the cost of the Scottish Government’s replacement benefit, Pension Age Winter Heating Payment.

There is no statutory process for either scenario.

Subject to the agreement of both parties, any owner-occupier who wishes to sell their home to a local authority and remain in it as a tenant in the social rented sector may do so.

If there is already a private tenancy in place, prior to any purchase there could be some negotiation and agreement with the sitting tenant in order to bring their private tenancy with their existing landlord to an end so that they may enter into a social tenancy when the property is purchased by the local authority.

Scottish Government officials have regular engagement with officials from the Department for Business and Trade. As you are aware, Subsidy Control is a reserved matter and it is our understanding that UK Government have no current plans to amend the Subsidy Control Act 2022.

Scottish Ministers are bound by this UK legislation and also have a legal obligation to comply with World Trade Organisations rules. The Subsidy Control Act 2022 and World Trade Organisation rules are in place to promote fair competition, and prevent any distortion in competition or negative effects on trade and investment within the UK, or between the UK and another country.

Where a publicly funded resident under the National Care Home Contract qualifies for transport from the NHS to attend for a clinical appointment/ treatment the provider will, where practicable, ensure this is arranged. For the avoidance of doubt, the cost of providing transport for the resident to and from scheduled medical appointments, as well as emergency admissions to hospital are not covered in the Council’s Approved Rate and are not therefore the responsibility of the provider where they are being paid that rate.

In the absence of free provision by the NHS, transport to the following may also be provided, but shall be charged in addition to the price charged for care and accommodation:

• Chiropody
• Opticians
• Dentistry
• Physiotherapy
• Transportation
  and Staff escorts to and from medical appointments

Any private contract between a self-funded resident and a care home may include provision for such transport.

Should the Scottish Ambulance Service be contacted, to provide consistency, all patients are taken through the Patient Needs Assessment (PNA) to assess their eligibility for ambulance transport. SAS ask the PNA questions to allow them to fully understand the patient’s needs and to confirm if they require ambulance transport. From this, SAS can then identify the correct resource required. If the caller indicates the patient can get out and about independently or can travel with the assistance of an escort, SAS will seek to understand what is preventing them from getting to their appointment. If there is a clear clinical or medical need, SAS will look to support this request; otherwise, patients will be signposted to alternative transport options specific to where a patient resides. SAS will always ask that if a patient is able to use other means of transport, this is considered the first choice rather than the Scottish Ambulance Service. A patient or representative is advised at the beginning of the call that if they disagree with their decision then they can ask for their request for transport to be put to appeal and this will be answered by a SAS supervisor.

An FCDO official was not present at this meeting. This is in accordance with standard practice for my meetings with Members of the European Parliament. FCDO officials were of course informed of the visit and programme in the normal way.

As reflected in Scotland’s Cancer Strategy for Scotland, published June 2023, we are committed to “expanding and evaluating Rapid Cancer Diagnostic Services (RCDS) to ensure population-based coverage”.

To date, we have five fully operational RCDSs across NHS Scotland, with our Programme for Government committing to establish a sixth service in 2024/25.

The University of Strathclyde’s independent evaluation provided an incredibly positive assessment of the Rapid Cancer Diagnostic Service innovation, as they are finding cancer faster.

The Scottish Government and the whole of the public sector faces a financial position that is extremely challenging. The utmost importance is placed on balancing the Scottish Government’s budget each financial year, and it is always necessary to ensure resources are used economically, efficiently, and effectively, and increased additional scrutiny is being applied to expenditure.

Despite financial pressures, colleagues in the Centre for Sustainable Delivery (CfSD) continue to work with territorial health boards and regional networks across Scotland to embed the learning from the University of Strathclyde’s evaluation report and support them to develop full business cases.

The Climate Change Committee were not consulted in advance of the savings in Net Zero and Energy portfolio set out in the Fiscal Statement on 3 September 2024. There is no legislative requirement for Ministers to seek such advice and it is not common practice to do so. The Climate Change (Scotland) Act 2009 sets out when Scottish Ministers must request advice from the CCC as well as when Scottish Ministers must have regard to CCC advice. There is no requirement on Ministers to ask the CCC for advice in relation to financial budgets.

We work closely with partners, including through the Older People’s Strategic Forum (OPSAF) on a range of issues related to age equality. This includes the Strategic Action Framework ‘A Fairer Scotland for Older People’, in which Ensuring Financial Security is a priority area. We are running a number of Roundtables throughout Scotland to hear from older people and older people's organisation as part of the refresh of the Framework.

We support projects that enable older people to live independent and fulfilling lives. Our Equality and Human Rights Fund provides over £2.2M to support older people’s organisations and age equality projects and programmes. We also launched a £3.8m Social Isolation and Loneliness Fund on 8 March 2023 which funds 53 projects supporting people at risk of social isolation and loneliness.