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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
McInnes, Alison LD North East Scotland Watch on SPTV

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 into the matter. Therefore, we can all agree that the bill has been a long time in coming. I am pleased that we have finally reached the home straight in reforming and modernising the FAI system.

At the outset, I praise Patricia Ferguson for the work that she undertook, the tenacity that she showed and her professionalism in the work that she did, which, ultimately, led to this Scottish Government bill. The bill as introduced included a number of improvements to the fatal accident inquiry system. It set out the requirement to hold a mandatory FAI for the death of a child in secure accommodation and for deaths under police arrest. It allowed FAIs to be reopened if new evidence was found and it required bodies that were affected by a sheriff’s determination to formally respond and set out what actions they had taken. Those were all welcome improvements.

However, as other members have said, not all of Lord Cullen’s recommendations were included. In particular, the decision was taken not to include within the mandatory category the deaths of people who were detained under mental health legislation. That changed at stage 2 but was reverted this afternoon during consideration of stage 3 amendments. As I said earlier, I have concluded on balance that there is a more proportionate and less distressing way to proceed that involves reform of the whole system of notifications and investigations.

Nevertheless, the debate that was generated has been worth while, and I am sure that there is a greater understanding among all involved that a more rigorous and coherent system for investigating the deaths of those who are detained for mental health reasons is required. An additional safeguard has already been put in place whereby all deaths of people who are detained under the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Criminal Procedure (Scotland) Act 1995 will end up on the procurator fiscal’s desk for his attention. I also welcome the minister's assurances this afternoon about the timetable for the review and hope that the review will pay particular attention to deaths by suicide while people were detained.

At stage 2, I pressed the minister on whether it would be appropriate to extend the requirement to hold a mandatory FAI to two further categories: the death of a child who was looked after by the state, even if they lived with their parents or guardians at the time of their death, and—this is a niche area—the death of a patient with dementia who, immediately before their death, received prolonged treatment using psychotropic medication. We know that such medication causes sedation, confusion and movement difficulty and that the overuse of those drugs in such situations has been implicated in an increased risk of stroke. A number of organisations, including the Mental Welfare Commission, have raised concerns about the widespread use of those drugs in care home settings, and the most vulnerable people in our society deserve our attention. I was pleased, in relation to both those categories, to receive assurances from the minister that attention was focused on those areas, and I therefore did not press my amendments.

I welcome the Government’s recognition of the need for a national child death review system to review the deaths of all children and young people and not just those in care. I understand that the steering group’s work to develop a model for that system is on-going, and I look forward to learning of its outcomes. I was also grateful to the minister for acknowledging that the prolonged use of psychotropic medication for dementia patients could be explored in the wider review, and I will continue to pursue the matter.

As I said, Patricia Ferguson was tenacious in her pursuit of improvements. Like her, I am disappointed that the amendment on legal aid that she secured at stage 2 has been removed this afternoon. Nevertheless, she should feel content that she has improved the original bill.

Fatal accident inquiries are held in the public interest, but behind every death is a family and those who knew and loved the deceased person—people who are seeking answers. Ms Ferguson’s amendments will ensure that they will be part of the process and kept informed.

Overall, I support the bill and the changes that it will make to the current system. The Lib Dems will support the bill at decision time.

16:35  

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...