Chamber
Meeting of the Parliament 10 December 2015
10 Dec 2015 · S4 · Meeting of the Parliament
Item of business
Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill: Stage 3
I will keep this brief, because I am conscious of the time. Members have raised the issue of human rights, and I thank Alison McInnes, John Finnie and Elaine Murray for their responses.
The chief medical officer’s circular and the Crown Office guidance on reporting deaths to the procurator fiscal have been issued so that the deaths of detained patients can be independently investigated in accordance with article 2 of the ECHR. That strengthens the realisation in Scotland of the right to life that is enshrined in that article. The longstanding Scottish tradition of Crown discretion is well suited to the requirements of European law. Nevertheless, I take on board Alison McInnes’s point, and the minister has indicated that the review that is required by section 37 of the Mental Health (Scotland) Act 2015 will look at the matter more comprehensively.
In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is stage 3 proceedings on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill. To deal with amendments, member...
The Deputy Presiding Officer
Lab
Group 1 is on mandatory inquiries: persons detained under mental health legislation. Amendment 2, in the name of the minister, is grouped with amendments 3, ...
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)
SNP
The amendments in this group relate to mandatory fatal accident inquiries for patients detained under mental health legislation. Such inquiries were introduc...
Elaine Murray (Dumfriesshire) (Lab)
Lab
At stage 2, the committee agreed by majority vote to amend the bill to require a mandatory fatal accident inquiry when a person who is in compulsory detentio...
The Minister for Sport, Health Improvement and Mental Health (Jamie Hepburn)
SNP
I confirm that I have laid that order. As Paul Wheelhouse said, it will come into effect on 24 December this year. The provision that the Parliament unanimou...
The Deputy Presiding Officer
Lab
Dr Murray, could you come to a close, please?
Elaine Murray
Lab
In light of those assurances, I will not press my amendments, and Labour will support the Government amendments that remove the stage 2 amendments.
The Deputy Presiding Officer
Lab
Three members have requested to speak. I ask for contributions to be kept as short as possible.
Margaret Mitchell (Central Scotland) (Con)
Con
The reality is that, if amendment 3 is agreed to, adults in the mental health system who are detained on a compulsory basis will have fewer human rights than...
Roderick Campbell (North East Fife) (SNP)
SNP
Since we heard evidence on this matter at stage 1, things have moved on. At stage 1, the Scottish Human Rights Commission said that there was a gap in relati...
Alison McInnes (North East Scotland) (LD)
LD
Margaret Mitchell’s stage 2 amendment that required a mandatory FAI in relation to the death of any patient who dies while receiving treatment for a mental d...
The Deputy Presiding Officer
Lab
I did ask members to be brief.
John Finnie (Highlands and Islands) (Ind)
Ind
I supported Margaret Mitchell’s position at stage 2. However, like other members, particularly Elaine Murray and Alison McInnes, I have heard compelling evid...
Paul Wheelhouse
SNP
I will keep this brief, because I am conscious of the time. Members have raised the issue of human rights, and I thank Alison McInnes, John Finnie and Elaine...
The Deputy Presiding Officer
Lab
The question is, that amendment 2 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Lab
There will be a division. As it is the first division of the stage and this afternoon, I will suspend the meeting for five minutes. Thereafter, there will be...
The Deputy Presiding Officer
Lab
We proceed with the division on amendment 2. For Adam, George (Paisley) (SNP) Adamson, Clare (Central Scotland) (SNP) Allan, Dr Alasdair (Na h-Eileanan...
The Deputy Presiding Officer
Lab
The result of the division is: For 94, Against 14, Abstentions 0. Amendment 2 agreed to. Amendment 3 moved—Paul Wheelhouse.
The Deputy Presiding Officer
Lab
The question is, that amendment 3 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Lab
There will be a division. For Adam, George (Paisley) (SNP) Adamson, Clare (Central Scotland) (SNP) Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP) A...
The Deputy Presiding Officer
Lab
The result of the division is: For 94, Against 14, Abstentions 0. Amendment 3 agreed to. Amendment 4 moved—Paul Wheelhouse—and agreed to. Section 3—Mand...
The Deputy Presiding Officer
Lab
That brings us to group 2, which is on the participation of trade unions and similar bodies in inquiries. Amendment 9, in the name of the minister, is groupe...
Paul Wheelhouse
SNP
The Scottish Government was happy to accept an amendment lodged at stage 2 by Elaine Murray that gives a statutory right of participation at a fatal accident...
Elaine Murray
Lab
As the minister said, at stage 2, I introduced an amendment into section 10 to give a trade union or staff association representative of a person killed in t...
The Deputy Presiding Officer
Lab
No other member has requested to speak, so I ask the minister to wind up.
Paul Wheelhouse
SNP
I am happy to leave it at that. Amendment 9 agreed to. Amendments 10 to 12 moved—Paul Wheelhouse—and agreed to. Section 10A—Availability of civil legal aid
The Deputy Presiding Officer
Lab
Group 3 is on the availability of civil legal aid. Amendment 1, in the name of Patricia Ferguson, is grouped with amendment 13.
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab)
Lab
I support amendment 1, in my name, and I oppose amendment 13, in the name of the minister. My stage 2 amendment, which was agreed to by the Justice Committe...
Paul Wheelhouse
SNP
As Patricia Ferguson said, this group of amendments relates to the provision for legal aid for FAIs. Patricia Ferguson’s amendment 1 is relevant only if her ...
Annabel Goldie (West Scotland) (Con)
Con
Because of the very nature of what a fatal accident inquiry is, is it not reasonable that both the family and the Scottish Legal Aid Board may have no idea a...