Meeting of the Parliament 01 December 2015
I have to make progress. If the member wants to ask me a question during her speech, I will happily answer it when I am closing.
Key to this will be the organisational role to ensure that all staff who are asked to be involved in a duty of candour procedure have access to the relevant training, supervision and support before, during and after their involvement. All organisations will be required to report publicly on the number and nature of the events that have been disclosed to people and to confirm that the requirements of the organisational duty of candour have been met.
It is worth remembering that legislation forms only one part of the duty of candour. In addition, we will produce guidance and national training resources to assist organisations in the implementation of the duty. Many organisations already have procedures in place for handling complaints or responding to adverse or significant events, and we consider that, for most, the additional administrative demands of the duty of candour should be minimal.
Part 3 of the bill creates offences of ill treatment and wilful neglect that will apply to health and social care workers and provider organisations. The offences will cover intentional acts or omissions and are not intended to catch instances of mistake. I know that neglect and ill treatment occur very rarely in our health and social care system, and the new offences will allow the criminal justice system to identify and deal with such cases effectively and appropriately when they arise.
Since around 1913, there has been a criminal offence of wilful neglect or ill treatment of patients in mental health care, and it is right that the deliberate neglect or ill treatment of anyone who receives health or social care should be dealt with in a similar way. The offences are intended to help to secure access to justice for those who suffer neglect or ill treatment. There are two offences in the bill, one of which covers health and social care workers while the other covers health and social care providers. The offences are not about catching people who are doing the best that they can in their job; they are about dealing with those situations in which someone wants to neglect or ill treat another who is in their care and sets out to do so.
I emphasise the difference between the offences in this part of the bill and the unintended or unexpected incidents that are covered by the duty of candour, to which I referred earlier. The ill treatment and wilful neglect offences are intended to capture very deliberate acts or omissions. The duty of candour is about increasing openness and transparency when something unexpected or unintended has happened.
The Scottish Government launched a consultation in September to explore the issues around extending the offence to children’s health and social care services. We greatly value the input and expertise of our partners in child protection. Following their input, I confirm that I will not lodge an amendment to extend the offence, and the response to the consultation will be published on 3 December.
I look forward to the debate and ask Parliament to support the bill at stage 1 at decision time this evening.
I move,
That the Parliament agrees to the general principles of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill.
14:44