Hansard

The Convener SNP

Item 2 is stage 2 proceedings on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill. I remind members that our aim is to complete stage...

The Convener SNP

Amendment 1, in the name of Margaret Mitchell, is grouped with amendments 56, 2, 2A, 57, 3 to 5, 5A, 6, 58 and 7.

Margaret Mitchell (Central Scotland) (Con) Con

During stage 1 consideration, the committee came to the conclusion that there was no need for mandatory fatal accident inquiries into the deaths of those who...

Alison McInnes (North East Scotland) (LD) LD

I welcome the chance to speak on the amendments to section 2. Section 2 sets out the circumstances under which mandatory public inquiries into certain death...

Roderick Campbell (North East Fife) (SNP) SNP

I have listened carefully to what both members have said. Margaret Mitchell referred to Lord Cullen’s report, but I think that it is fair to point out that ...

John Finnie (Highlands and Islands) (Ind) Ind

For me, the issue is about the relationship between the state and the individual. It is also about perception, and I think that any member of the public who ...

Christian Allard (North East Scotland) (SNP) SNP

Mr Campbell is absolutely right: the Lord Advocate has the discretion to have an inquiry. More to the point, I do not think that the Lord Advocate would make...

Elaine Murray (Dumfriesshire) (Lab) Lab

I, too, have a lot of sympathy for the amendments in the names of Margaret Mitchell and Alison McInnes. On what Roddy Campbell said, having the discretion to...

The Convener SNP

I am sympathetic to the arguments but I take a fairly plain view of things: something is either mandatory or not mandatory. As has been explained, there is d...

The Minister for Community Safety and Legal Affairs (Paul Wheelhouse) SNP

The group includes amendments in the name of Margaret Mitchell that would require mandatory FAIs into the deaths in hospitals of patients receiving compulsor...

The Convener SNP

It is really for Margaret Mitchell to wind up, but Alison McInnes is writing something, so I wonder whether she wants to respond to any of that, first.

Alison McInnes LD

I am grateful for the opportunity to do that. I am also grateful to the minister for the assurances that he has put on the record today, particularly in rela...

The Convener SNP

You do not need to say anything about that at the moment.

Alison McInnes LD

Okay.

The Convener SNP

Hold us in suspense on that. Margaret Mitchell will now wind up and press or seek to withdraw amendment 1.

Margaret Mitchell Con

I will address the stigma that the minister suggested will somehow occur if there were mandatory FAIs for detained mental health patients. I refer the minist...

The Convener SNP

The question is, that amendment 1 be agreed to. Are we agreed? Members: No.

The Convener SNP

There will be a division. For Finnie, John (Highlands and Islands) (Ind) McDougall, Margaret (Central Scotland) (Lab) McInnes, Alison (North East Scotlan...

The Convener SNP

The result of the division is: For 5, Against 4, Abstentions 0. Amendment 1 agreed to.

The Convener SNP

Amendment 52, in the name of Alison McInnes, is grouped with amendments 53 and 54.

Alison McInnes LD

This group of amendments also refers to section 2. The main amendment is amendment 53, which introduces the requirement to hold a mandatory FAI as a result o...

Roderick Campbell SNP

I have listened to what Alison McInnes has said, but we need to bear in mind that we already have the Looked After Children (Scotland) Regulations 2009, whic...

Paul Wheelhouse SNP

This group of amendments in the name of Alison McInnes seeks to require mandatory FAIs into the deaths of children who were looked after by a local authority...

Alison McInnes LD

I caution the minister against making a case on the basis of the resource impact, because I think that that is the weakest argument that can be made. If a nu...

The Convener SNP

I agree with you. I do not like to hear resources being brought in—the argument should be based on the principle.

Alison McInnes LD

That aside, the minister has set out a detailed reason for not supporting amendments 52, 53 and 54. I considered them to be probing amendments to test the Go...

The Convener SNP

The question is, that amendment 2A be agreed to. Are we agreed? Members: No.

The Convener SNP

There will be a division. For Finnie, John (Highlands and Islands) (Ind) McDougall, Margaret (Central Scotland) (Lab) McInnes, Alison (North East Scotlan...

The Convener SNP

The result of the division is: For 5, Against 4, Abstentions 0. Amendment 2A agreed to.

The Convener SNP

The question is, that amendment 2, as amended, be agreed to. Are we agreed? Members: No.