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
There is no doubt that individuals who are detained under mental health legislation are among the most vulnerable people in society, but today the SNP Government has ensured that they will not be afforded the same protections as criminals who die in custody. Although the bill will, in general, have a positive impact on bereaved families’ experiences of the FAI system in Scotland, I believe that the Scottish Government can take little comfort or pride in how it has discriminated against vulnerable mental health detainees.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-15113, in the name of Paul Wheelhouse, on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotl...
The Cabinet Secretary for Justice (Michael Matheson)
SNP
For the purposes of rule 9.11 of the standing orders, I advise the Parliament that Her Majesty, having been informed of the purport of the Inquiries into Fat...
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)
SNP
I am delighted to open this stage 3 debate on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill. The law relating to the investigation...
Elaine Murray (Dumfriesshire) (Lab)
Lab
As we have heard, fatal accident inquiries into the circumstances of deaths are undertaken in the public interest in order to determine the time, place and c...
Margaret Mitchell (Central Scotland) (Con)
Con
I acknowledge Patricia Ferguson’s significant involvement in this legislative process following the withdrawal of her own bill, and her co-operation with the...
Christian Allard (North East Scotland) (SNP)
SNP
It has been said by Margaret Mitchell and in other contributions that, somehow, this has not been a proper democratic process. However, it has been. A Govern...
The Deputy Presiding Officer
Con
Point made. Thank you very much.
Margaret Mitchell
Con
The point is that the SNP has a majority on seven out of nine subject committees in the—
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
What about Westminster?
Margaret Mitchell
Con
I accept Ms Grahame’s sedentary remark, but there are checks and balances in the Westminster Government; indeed, that has been proved quite recently by decis...
James Dornan (Glasgow Cathcart) (SNP)
SNP
Will Margaret Mitchell give way?
The Deputy Presiding Officer
Con
The member is just closing.
Margaret Mitchell
Con
There is no doubt that individuals who are detained under mental health legislation are among the most vulnerable people in society, but today the SNP Govern...
The Deputy Presiding Officer
Con
We now move to the open debate. 16:22
Christian Allard (North East Scotland) (SNP)
SNP
I have already made the point, but I will make it again: it is very important that members understand the strength of this Parliament, particularly in respec...
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab)
Lab
This afternoon, when we pass the bill—as we will, with Labour support—we will make some significant changes to the FAI system. However, I cannot help but obs...
Alison McInnes (North East Scotland) (LD)
LD
The legislation that governs the fatal accident inquiry system is nearly 40 years old, and it has been six years since Lord Cullen reported on his review int...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
I hear rumblings about the Scottish National Party’s overall majority. For eight years in here, we had a Labour-Liberal coalition majority, with a majority o...
Elaine Murray
Lab
Will the member take an intervention?
Christine Grahame
SNP
No, I am going to proceed, because I have heard enough. We had eight years of that approach. I very much welcome the legislation and commend the work of Jus...
John Finnie (Highlands and Islands) (Ind)
Ind
Article 2 of the European convention on human rights creates a right to life and, with it, the duty on the state to investigate the loss of life. That is a d...
Christine Grahame
SNP
There will not be any aeroplanes.
John Finnie
Ind
Christine Grahame is right that there will not be any aeroplanes. Members’ experiences are all different. I have experience of an FAI into a death in custod...
Annabel Goldie (West Scotland) (Con)
Con
I welcome the stage 3 debate on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill and I share in the tributes that have already been p...
Graeme Pearson (South Scotland) (Lab)
Lab
The absence of rancour in the debate and the support that exists across the chamber for the bill reflect well on the work that has been done by the members o...
The Presiding Officer (Tricia Marwick)
NPA
I call Paul Wheelhouse to wind up the debate. I can give you eight minutes, Mr Wheelhouse. 16:54
Paul Wheelhouse
SNP
I record my thanks to members for their contributions to the debate. Before I go through the detail, it is important to address the point that Graeme Pearso...
Christine Grahame
SNP
I know that the minister is about to run out of time, but before he does, will he answer my question about the death of service personnel in Scotland, for wh...
Paul Wheelhouse
SNP
On whether the legislation in relation to military FAIs will be retrospective, the answer is no. A discretionary FAI will have been considered at the time of...