Meeting of the Parliament (Hybrid) 09 March 2022
The importance of today’s debate cannot be overstated. Our care homes have been at the centre of the pandemic over the past 2 years. Let me put on record my thanks to the amazing staff of our care homes, who are often underpaid and feel undervalued, and who have done all that they can to protect people and to support their families. We know that people who live in care homes and their families all across our country have suffered immensely.
The reality is stark. From 2020 to 2021, there were more than 2,500 excess deaths in Scottish care homes—each person the loved one of someone. We know that there are still many questions to be answered about how that was allowed to happen, so answers must come in the inquiry.
What made the pain even worse for families was that not only did they lose loved ones, but they could not even be there to hold their hands or stay by their sides in their final hours. That was not the case only in 2020, when we were all under tight restrictions; it continued to happen over the following year. As restrictions for the rest of the country eased, care homes had to remain under repeated lockdowns, which caused untold harm and trauma to residents and their families.
I am sure that all members agree that such a situation is terribly tragic. As restrictions are lifted and we understand our new Covid reality, we must ensure that such a tragedy never happens again. That is why I support the motion in Jackie Baillie’s name.
The story of Anne Duke has touched the hearts of thousands of people across our country. The continued efforts of her husband Campbell and her daughter Natasha Hamilton have helped to bring the issue to the fore in public debate.
We should not hesitate: the Government should not wait but should act with the sense of urgency that the situation deserves. The SNP’s amendment to the Scottish Labour motion shows that the SNP still does not get it. I find the amendment to be quite insulting in its failure to acknowledge Anne Duke and her family, and the contribution that they and other campaigners have made.
The Government wants to defer implementation of Anne’s law until the introduction of the national care service—a process that will take many years—despite the fact that, in the recent consultation, there was virtually unanimous support for Anne’s law and the right of people who live in adult care homes to see friends and family. Respondents also thought that the right should be enshrined in law in order to ensure parity across our country, rather than relying on the discretion of individual care homes. That shows the importance of introducing Anne’s law.
The Scottish Government’s actions in the care home sector led the Scottish Human Rights Commission to express concern about social care users’ experiences during the pandemic. The commission said that the situation in care homes raised concerns under article 2 of the European convention on human rights, on the right to life.
Even now, after a consultation has told the SNP that there is support and the commission has pointed to failings and concerns, there are still challenges for families who want to see their loved ones regularly. Indeed, care homes have been receiving confusing messages from public health teams about when they should and should not restrict access. I raised the matter with the First Minister in early January, but there are still issues.
Never again should we have such a situation in care homes in Scotland. As we have heard from other members, it is vital that our loved ones have the right, when they are in someone else’s care, to see and have important contact with their families and friends.
It is time for the cabinet secretary and ministers to listen to relatives and care users. It is time to implement Anne’s law and to end the pain of loved ones being parted when they need one another most.
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