Scottish Public Affairs Update - February 2024

Scottish Government

Mental Health and Capacity Reform Programme

BPS member representatives will be participating in a number of workstreams as the Scottish Government takes its reform proposals forward. Work is already underway addressing the definition and scope of "mental disorder" in the Mental Health Act. Other early priorities include:

• Adults with Incapacity Law reform
• Supported Decision Making
• Reducing Coercion

Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan Implementation

BPS will keep members updated on our engagement with the Scottish Government and wider stakeholders as the various strands of work outlined in the Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan are implemented. Key areas of focus will be:

• Recruitment and retention
• Data
• Mental Health Law Reform
• Psychological Therapies Specification
• Digital
• Primary Care
• Children and Young People
• Forensic
• Neurodiversity and learning disabilities
• Stigma

Scottish Parliament

The National Care Service (NCS)

The Scottish Parliament's Health, Social Care and Sport Committee has published its stage 1 report on the National Care Service (Scotland) Bill.

While the majority of committee members recommend that the general principles of the bill should be agreed to, the report highlights a series of concerns with the proposals and the process. Read the news release accompanying the report..

The report notes concern raised by witnesses and respondents at the lack of clarity regarding the precise extent of inclusion of mental health services within the NCS and how these services would interact with NHS services; and how information would be shared with all key delivery partners in relation to mental health records.

As covered in our December public affairs update, significant changes are proposed for stage 2 of the Bill, reflecting the government's plans for:

• Local Authorities to retain responsibility for all current functions and the delivery of social work and social care services and there will be no transfer of staff or assets.
• Reforming Integration Authorities (IAs) rather than creating new Care Boards
• The establishment of a National Care Service Board

The BPS will keep members updated as the Bill progresses.

Victims, Witnesses and Justice Reform (Scotland) Bill

The Scottish Parliament's Criminal Justice Committee has been taking written and oral evidence on the general principles of the Bill since September 2023 and concluded its oral evidence taking for Stage 1. BPS submitted a response to the Committee's Call for Views. 

The Committee is now considering the evidence it has received and drafting its Stage 1 Report, setting out its views on the general principles of the Bill to the Scottish Parliament.

The BPS will keep members updated on progress.

Children (Care and Justice) (Scotland) Bill

Stage 2 of the Children (Care and Justice) (Scotland) Bill completed on 7 February 2024.
The bill aims to make changes to the law affecting the care of children and the involvement of children in the criminal justice system.

The BPS will keep members updated on progress.

Political Parties

Scottish Conservatives publish paper outlining vision for the NHS

February saw the Scottish Conservatives publish Modern, Efficient, Local: A new contract between Scotland's NHS and the public.

The paper – which the party notes is "a foundation and framing to allow for a more detailed discussion" – contains a section on parity between mental and physical health, including addressing waiting times for mental health services. The paper also indicates the party's intentions if they were in government, including:

• "better fund" community mental health services through expanding programmes such as cognitive behavioural therapy, social prescribing, exercise referral schemes and peer support;
• support people with mild to moderate health problems through community triage centres;
• improve use of services and workforce data;
• implement better support through national programmes for those with serious mental health issues, such as developing a strategy to reduce and prevent self-harm;
• refresh the women's health plan to include mental health and conditions such as dementia;
• "taking greater personal responsibility for looking after our own health, as part of a new personal contract with the NHS."

Open consultations

Learning Disability, Autism and Neurodivergence Bill

The Scottish Government has launched the public consultation for its Learning Disability, Autism and Neurodivergence Bill.

To inform the BPS response, please send your views to [email protected] by 29 March 2024.

The BPS has also established a Task & Finish Group to form our consultation response. For further information, please contact [email protected]   

Ending Conversion Practices in Scotland

The Scottish Government is consulting on Ending conversion practices in Scotland. To inform the BPS response, please send your views to [email protected] by 12 March 2024.

National Good Food Nation Plan

The Scottish Government is seeking views on its National Good Food Nation Plan: consultation - gov.scot (www.gov.scot). As BPS considers responding, please send your views to [email protected] by 29 March 2024.

NHSScotland 'Once for Scotland' workforce policies consultation

The Scottish Government has published NHSScotland 'Once for Scotland' workforce policies: consultation - gov.scot (www.gov.scot)

The consultation focuses on 8 refreshed policies, namely:

1. Equality, Diversity and Inclusion Policy [a refresh of the Equality, diversity and human rights: NHSScotland PIN policy, 2013].
2. Gender-based Violence Policy
3. Facilities Arrangements for Trade Unions and Professional Organisations [a refresh of the Facilities arrangements for trade unions and professional organisations: NHSScotland PIN policy, 2011]. This Partnership Information Network (PIN) policy aims to ensure a fair and equitable approach to the granting of facilities time for trade union/professional organisation representatives and, where appropriate, how such time should be funded.
4. Personal Development Planning and Performance Review Policy
5. Employment Checks Policy
6. Fixed-Term Contract Policy
7. Secondment Policy
8. Redeployment Policy

To inform the BPS response, please send your views to [email protected] by 4 March 2024. 

Restricting the promotions of food and drink high in fat, sugar or salt

The Scottish Government is consulting on the detail of proposed regulations to restrict the promotions of food and drink high in fat, sugar or salt (HFSS) at the point of purchase.

The consultation seeks views on HFSS foods where they are sold to the public, including across retail and out of home settings, both in-store and online.

As BPS considers responding, please send your views to [email protected] by 22 April 2024.

Consultation responses

BPS responded to the Scottish Government consultation on a draft National Specification for the Care and Treatment of Eating Disorders in Scotland.

To view all open and closed consultations, visit Consultations and briefings | BPS

Contact

To find out more about our policy and public affairs work in Scotland, view the Scottish Public Affairs Updates on our website or contact June Deasy, Senior Public Affairs Adviser in Scotland ([email protected]).