Meeting of the Parliament 17 March 2026
I thank all colleagues in the chamber for their constructive comments on part 1 of the bill.
Stuart McMillan is absolutely right: when we are confronted by someone who has been impacted by some procedure, it highlights the change that it has made to some people’s lives. I, too, thank all MSPs who have engaged with me and the bill team.
I welcome the comments on patient safety and on the importance of having the right setting for delivering safe care, which was mentioned by everybody who spoke in the debate. It is crucial that the procedures that are regulated by the bill are delivered in safe, hygienic settings, where providers have support from healthcare professionals and access to emergency medications where required. The bill delivers those safe settings for all procedures. As Carol Mochan says, it will strengthen standards.
I very much thank Dr Gulhane for his engagement on the bill. I have found it incredibly helpful and challenging, and I appreciate the suggestions and proposals that he has made throughout the work on the bill. I also thank Gillian Mackay for her comments and her wider engagement, specifically on cleft palate, and in particular for her comments on under-18s.
I also wish to address the comments that were made by a number of people about the impact on businesses. I was clear in my opening speech that I do not take those impacts lightly, and I am confident that the bill is necessary to protect public safety. Nevertheless, I expect the Scottish Government to continue to work closely with businesses to mitigate the impact wherever possible.
We are proposing to commence offences under the bill in September 2027, giving a good lead-in for all concerned and time for businesses to adapt. I will highlight one very helpful meeting that I had recently, which was hosted by Davy Russell and included some of Fulton MacGregor’s constituents. We discussed the impact of regulation 12(b) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011, which requires that a suitably qualified healthcare professional will be
“working within the independent health care service whilst service users are present”.
That would include an independent clinic or hospital that falls within the definition of “permitted premises” in section 4 of the bill. I have instructed officials to consider that requirement, and particularly the requirement for healthcare professionals to be on site at all times in relation to businesses that offer a mix of procedures that are regulated by the bill and other beauty treatments or licensable activities. I hope that Brian Whittle and Alex Cole-Hamilton will recognise that the Government is listening.
Colin Beattie talked about establishing a professional body for non-healthcare-professional practitioners. As he commented, that is not something that the Scottish Government can specifically do. However, we would be happy to facilitate introductory discussions between the Professional Standards Authority for Health and Social Care and a representative group wishing to establish a register of practitioners with a view to accreditation in the future.
I thank all members for their contributions. Intervention to regulate a growing and changing sector is not easy, so I have welcomed the support and the constructive challenge that I have received.
I am also grateful for the careful consideration given to part 2 of the bill, even though that has not been the focus of today’s debate. In my time as Minister for Public Health and Women’s Health, public safety has been my absolute priority, and the bill delivers its public safety aims in a proportionate way. I am, again, thankful to Stuart McMillan and others who regularly met me to discuss the impact that the matter has had on their constituents.
As I said in my opening speech, I believe that the bill that we will vote on today is a balanced one that will achieve public safety aims, especially the protection of those under 18, as was noted by Gillian Mackay and Carol Mochan, while protecting a thriving sector. The bill has benefited from contributions from across the chamber and I hope that members of all parties will join me in voting for it at decision time today. I urge the Parliament to support the bill and to pass it into legislation.