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Chamber

Meeting of the Parliament 24 June 2015

24 Jun 2015 · S4 · Meeting of the Parliament
Item of business
Mental Health (Scotland) Bill

I welcome the Mental Health (Scotland) Bill as amended at stage 2 and stage 3, which I very much hope and believe will be passed this evening. The bill is specific and focused and will deliver in a number of significant, although in some regards incremental, ways to benefit the people of Scotland.

I am pleased that members agreed to my amendment to place a duty on health boards to publicise any support that they offer in the making and withdrawing of advance statements and to require them to provide information to the Mental Welfare Commission in meeting that duty. I very much hope that that will drive change, boosting the awareness, numbers and use of advance statements and ensuring that the wishes of those with mental health disorders regarding their treatment and their lives are respected where they can be.

I am pleased that we have extended rights in other areas, such as the rights of victims of crime to a victim notification scheme. It is fitting and correct that we have done that.

This bill has also been a listening process. As I said, the Scottish Government listened to my case about advance statements at stage 3, and it backed a variety of other amendments, including some at stage 2. One of my amendments was about restricting the amount of invasive treatments that a cross-border absconding patient could receive as emergency treatment should they arrive in Scotland. The Government moved to protect the rights of those vulnerable, if at times challenging, individuals, and it was fit and proper that that was done.

The issue of learning disabilities in the bill has been shaped by the whole Parliament. A Government that listens will accept some—quite a lot, but not necessarily all—amendments that are lodged, which is right. There seems to be an undercurrent that if the Government does not accept all the amendments on learning disabilities it is somehow not listening, but that is simply not the case. I look forward to receiving more information about a review of learning disabilities, and I hope that we will have a rights-based approach to treating people with learning disabilities and those living with autism.

I hope that we can give cognisance to how aspects such as the implementation of self-directed support by local authorities, particularly in Glasgow, has negatively impacted on those with learning disabilities in the city that I represent, and I hope that that can be reflected in how we take the measure forward. We need service provision for those who are living with learning disabilities. Some fine learning disability centres in Glasgow were gateways that enabled vulnerable adults to engage and interact with the wider community, but many of those people have been left without the required support because their right to that facility was withdrawn by the local authority. In considering how we treat and respect those who live with learning disabilities, we must look at the role of local authorities and ensure that they fulfil their obligations regarding the rights of those people—certainly the people who I represent in Glasgow feel that many of their rights have been withdrawn. I look forward to supporting the bill, which will improve the lot of those who live with mental health challenges in Scotland.

18:12  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
The next item of business is a debate on motion S4M-13599, in the name of Jamie Hepburn, on the Mental Health (Scotland) Bill. I ask members who are leaving ...
The Minister for Sport, Health Improvement and Mental Health (Jamie Hepburn) SNP
The Mental Health (Scotland) Bill’s overarching objective is to help people with a mental disorder to access effective treatment quickly and easily. It does ...
Jenny Marra (North East Scotland) (Lab) Lab
I welcome the final stage of the Mental Health (Scotland) Bill. I thank the members who moved amendments this afternoon and who put all that work into consid...
Jamie Hepburn SNP
Will the member take an intervention?
Jenny Marra Lab
I would like to make progress first, thank you. A major review would have explored whether learning disability and autism should be considered mental disord...
Jamie Hepburn SNP
Ms Marra suggests that we have rejected the approach that will see a review of the inclusion of learning disability and autism within the scope of the 2003 a...
Jenny Marra Lab
I thank the minister for that assurance but it is my understanding that Jackie Baillie’s amendment was rejected by the Government. Will the minister clarify ...
Jamie Hepburn SNP
The debate was around the specifics of the amendment. We had the detailed debate. I am happy to go over it again in closing. Rejecting the amendment was not ...
Jenny Marra Lab
When the minister sums up, I hope that he might put a timeframe on that review and make a commitment to that. We welcome many of the well-thought-out steps ...
Nanette Milne (North East Scotland) (Con) Con
I add my thanks to the Health and Sport Committee clerks, the bill team, and the many witnesses and stakeholders who have been so helpful throughout the parl...
Jamie Hepburn SNP
I understand where Nanette Milne is coming from and I understand the frustrations that exist out there—that is one of the reasons why we have committed to un...
Nanette Milne Con
I understand and fully accept the intent, but we would really like to know when the process will end, rather than that it has begun. There are unresolved is...
Bob Doris (Glasgow) (SNP) SNP
I welcome the Mental Health (Scotland) Bill as amended at stage 2 and stage 3, which I very much hope and believe will be passed this evening. The bill is sp...
Rhoda Grant (Highlands and Islands) (Lab) Lab
This bill is welcome and the changes that it makes to the law will make a positive difference to the lives of individuals. However, it is clear that much mor...
Jim Hume (South Scotland) (LD) LD
I am pleased to see the Mental Health (Scotland) Bill at this final stage. I am hopeful about the positive changes that the bill will make to the Mental Heal...
Jamie Hepburn SNP
I praise the member for his consistency in raising that issue. I will not rehearse again the fact that there is already equality in law. Jim Hume suggests th...
Jim Hume LD
We looked into that but realised that the structure of the bill was such that we could not introduce an amendment seeking parity of status between mental hea...
Mark McDonald (Aberdeen Donside) (SNP) SNP
The bill is a very important piece of legislation, but it is close to me personally for a number of reasons. I have experience of close family members who ha...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
I, too, welcome the bill. As ever at stage 3, we have to decide whether the glass is half empty or half full. On one hand, we certainly welcome the fact that...
Jamie Hepburn SNP
Does Malcolm Chisholm agree that that speaks to my collaborative and open approach at stage 2?
Malcolm Chisholm Lab
I think that we were collaborative in 2003, as well. Clearly, the bill is an amending bill, so in due course there might well be a need for a wider review, ...
Mary Scanlon (Highlands and Islands) (Con) Con
I, too, commend the members of the Health and Sport Committee for their sterling work on the bill, and give credit for all the progress that is contained in ...
Dr Richard Simpson (Mid Scotland and Fife) (Lab) Lab
The bill is modest but, as Mark McDonald and Jenny Marra said, it is important. It is based on the McManus report but, as Malcolm Chisholm reminded us, there...
Jamie Hepburn SNP
I thank members for their speeches. I will try and cover as much ground as I can. Although the bill has a relatively narrow focus, many of its provisions wi...
Mary Scanlon Con
I gave the example that Highland Council, which should, under the Adults with Incapacity (Scotland) Act 2000, provide a report by a mental health officer in ...
Jamie Hepburn SNP
It is important to clarify that it is £100 million, not £150 million, although that is still a substantial sum of money, as I am sure Mary Scanlon agrees. Th...