Chamber
Meeting of the Parliament 10 December 2013
10 Dec 2013 · S4 · Meeting of the Parliament
Item of business
Human Rights
I join colleagues in celebrating international human rights day and in welcoming the publication of Scotland’s national action plan on human rights. I pay tribute to all those who contributed to the new plan.
We know that there is a fairly strong legal and institutional framework that is dedicated to enshrining and protecting our human rights, but the action plan is significant, because it seeks to build on those foundations by making human rights more relevant and meaningful to people through a series of tangible evidence-based steps and by bringing human rights into daily domestic life. The plan reminds us that human rights define the way in which we are treated and determine our opportunities and the extent to which we are free. It helps to cut through the dangerous perception that human rights are abstract or immaterial, that they are an obstruction to justice or that they should not necessarily be universal.
In identifying the areas in which human rights can be better protected and how that can be achieved, the plan poses challenges and opportunities. In the brief time that I have, I will focus on a number of those. The document challenges the Scottish Government to improve conditions of detention and highlights problems with overcrowding, access to mental health services and vocational and educational opportunities. It also presses on the need to implement the recommendations of the commission on women offenders. Those are all issues that I have spoken about in the chamber and which must be considered a priority.
Elsewhere, the plan presents an opportunity to improve the quality of care for vulnerable and older people so that they are not only treated with the respect and dignity that they deserve, but empowered to remain autonomous—as far as possible—and supported to realise their rights through personalised provision.
The plan challenges us to promote a
“consistent understanding and respect for human rights”
in mental health care and treatment. Indeed, it highlights the need to reconsider existing approaches to
“restraint, seclusion, involuntary treatment, and informal detention.”
Again, I whole-heartedly welcome that proposition.
I acknowledge the work of one of my constituents, W Hunter Watson, who has worked tirelessly to highlight the plight of mental health patients in Scotland. Earlier today, he petitioned the Parliament on the need to reform the Mental Health (Care and Treatment) (Scotland) Act 2003 to protect patients’ human rights. In particular, the focus is on the need to end the totally objectionable enforcement of electroconvulsive therapy on patients who resist or object to that treatment.
The plan notes that we have a responsibility to create a better world through respecting, protecting and fulfilling human rights internationally. It recognises that Scotland’s obligations
“do not stop at its borders”
and that such considerations must be at the heart of the Government’s international framework and bilateral engagements. Our values cannot be traded away.
The action plan is not a wish list; rather, it should provide stimulus to further embed human rights in the way that we do things, from the first legislative proposals to the delivery of services and the subsequent monitoring processes.
Before concluding, Presiding Officer, I agree with Jean Urquhart that Jenny’s amendment would have been better dealt with in a debate of its own, but I nevertheless support her amendment.
Parliament must act as a champion for the action plan and I hope that it will have regular opportunities to consider its progress. That will be essential.
Earlier today, the Parliament celebrated and reflected on the life of Nelson Mandela. It therefore seems entirely apt to finish by recalling that he once said:
“To deny people their human rights is to challenge their very humanity.”
We know that there is a fairly strong legal and institutional framework that is dedicated to enshrining and protecting our human rights, but the action plan is significant, because it seeks to build on those foundations by making human rights more relevant and meaningful to people through a series of tangible evidence-based steps and by bringing human rights into daily domestic life. The plan reminds us that human rights define the way in which we are treated and determine our opportunities and the extent to which we are free. It helps to cut through the dangerous perception that human rights are abstract or immaterial, that they are an obstruction to justice or that they should not necessarily be universal.
In identifying the areas in which human rights can be better protected and how that can be achieved, the plan poses challenges and opportunities. In the brief time that I have, I will focus on a number of those. The document challenges the Scottish Government to improve conditions of detention and highlights problems with overcrowding, access to mental health services and vocational and educational opportunities. It also presses on the need to implement the recommendations of the commission on women offenders. Those are all issues that I have spoken about in the chamber and which must be considered a priority.
Elsewhere, the plan presents an opportunity to improve the quality of care for vulnerable and older people so that they are not only treated with the respect and dignity that they deserve, but empowered to remain autonomous—as far as possible—and supported to realise their rights through personalised provision.
The plan challenges us to promote a
“consistent understanding and respect for human rights”
in mental health care and treatment. Indeed, it highlights the need to reconsider existing approaches to
“restraint, seclusion, involuntary treatment, and informal detention.”
Again, I whole-heartedly welcome that proposition.
I acknowledge the work of one of my constituents, W Hunter Watson, who has worked tirelessly to highlight the plight of mental health patients in Scotland. Earlier today, he petitioned the Parliament on the need to reform the Mental Health (Care and Treatment) (Scotland) Act 2003 to protect patients’ human rights. In particular, the focus is on the need to end the totally objectionable enforcement of electroconvulsive therapy on patients who resist or object to that treatment.
The plan notes that we have a responsibility to create a better world through respecting, protecting and fulfilling human rights internationally. It recognises that Scotland’s obligations
“do not stop at its borders”
and that such considerations must be at the heart of the Government’s international framework and bilateral engagements. Our values cannot be traded away.
The action plan is not a wish list; rather, it should provide stimulus to further embed human rights in the way that we do things, from the first legislative proposals to the delivery of services and the subsequent monitoring processes.
Before concluding, Presiding Officer, I agree with Jean Urquhart that Jenny’s amendment would have been better dealt with in a debate of its own, but I nevertheless support her amendment.
Parliament must act as a champion for the action plan and I hope that it will have regular opportunities to consider its progress. That will be essential.
Earlier today, the Parliament celebrated and reflected on the life of Nelson Mandela. It therefore seems entirely apt to finish by recalling that he once said:
“To deny people their human rights is to challenge their very humanity.”
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is a debate on motion S4M-08544, in the name of Roseanna Cunningham, on human rights.14:38
The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)
SNP
Today marks the launch of “Scotland’s National Action Plan for Human Rights: 2013-2017”—Scotland’s first national action plan for human rights—and I am delig...
Jenny Marra (North East Scotland) (Lab)
Lab
I ask the minister for clarification on that point. Would an independent Scotland take the Human Rights Act 1998 and embed it in the Scottish constitution or...
Roseanna Cunningham
SNP
We would be looking at exactly the kinds of rights that most countries in Europe and the wider world regard as human rights. I do not want to disappoint Jenn...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
Would the minister care to commend Mary Robinson—who is a former President of a small country: Ireland—for her significant contribution to human rights in re...
Roseanna Cunningham
SNP
I am sure that Stewart Stevenson would expect me to endorse that, as I have met Mary Robinson and know the huge impact that she had internationally—not just ...
Jenny Marra (North East Scotland) (Lab)
Lab
It is particularly appropriate that we gather in the chamber today on international human rights day, and on a day that is marked by such a momentous occasio...
Sandra White (Glasgow Kelvin) (SNP)
SNP
I thank Jenny Marra for taking an intervention. I know of her interest in the subject. When I was a member of the Equal Opportunities Committee we inquired i...
Jenny Marra
Lab
I got the numbers from the Minister for Public Health, Michael Matheson, who said just a few weeks ago in the chamber that 3,000 women are at risk in Scotlan...
Jean Urquhart (Highlands and Islands) (Ind)
Ind
I think that everybody will agree with what Jenny Marra said about the crime that she has described. However, forced marriages are still happening in Scotlan...
Jenny Marra
Lab
Presiding Officer, can I have a little more time to address that?
The Presiding Officer
NPA
I will tell you when you should stop.
Jenny Marra
Lab
Thank you.We have lodged our amendment because I do not believe that FGM is specifically mentioned in the human rights strategy and, given recent press repor...
Alex Johnstone (North East Scotland) (Con)
Con
I welcome the publication of the national action plan for human rights. There is certainly a strong element of consensus on the topic across the chamber and—...
John Finnie (Highlands and Islands) (Ind)
Ind
About 15 years ago, the Northern Constabulary issued a book to young people about knowing your rights when dealing with the police. Is it not a positive thin...
Alex Johnstone
Con
It is, of course, positive that that sort of thing happens, but we must remember that we have to take the public along with us. If we concentrate merely on t...
The Deputy Presiding Officer (Elaine Smith)
Lab
Conclude, please, Mr Johnstone.
Alex Johnstone
Con
As we come to the end of the opening speeches, I look forward to an in-depth discussion about the action plan, and to summing up at the end of the debate.15:03
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
It is right to have the debate on this, the 65th anniversary of the signing of “The Universal Declaration of Human Rights”. As the minister said, it is appos...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
It is particularly important that we are debating Scotland’s first human rights action plan on international human rights day and the day on which we remembe...
Alison McInnes (North East Scotland) (LD)
LD
I join colleagues in celebrating international human rights day and in welcoming the publication of Scotland’s national action plan on human rights. I pay tr...
The Deputy Presiding Officer
Lab
I remind members to use full names when they are referring to colleagues.15:15
John Finnie (Highlands and Islands) (Ind)
Ind
First, I congratulate the Scottish Human Rights Commission on the publication of its national action plan. It is significant that it had Scottish Government ...
Alex Johnstone
Con
It should be made clear that in what has been an interesting if short debate we will not have time to raise a number of points. Nevertheless, as John Finnie ...
Elaine Murray (Dumfriesshire) (Lab)
Lab
I am pleased to close for Scottish Labour in this short but important debate on Scotland’s national action plan for human rights and concur with members’ com...
The Deputy Presiding Officer
Lab
Before I call Roseanna Cunningham to respond to the debate, I advise members that this afternoon’s debates are on a follow-on basis. I remind members who wis...
Roseanna Cunningham
SNP
It is amazing how wide a variety of views can be encompassed even in a short debate such as this. Practically all the speeches have been constructive in addr...
Jenny Marra
Lab
Will the minister commit to voting tonight for a strategy on female genital mutilation?
Roseanna Cunningham
SNP
I will come to the Labour amendment later in my speech.The Government has enjoyed a productive, constructive relationship with the commission on a wide range...
Malcolm Chisholm
Lab
I am very sorry to hear what the minister is saying. Does she understand that Jenny Marra’s addendum accepts all the wording of the minister’s motion, but th...