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Chamber

Meeting of the Parliament 03 March 2016

03 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Health (Tobacco, Nicotine etc and Care) (Scotland) Bill: Stage 3
Watt, Maureen SNP Aberdeen South and North Kincardine Watch on SPTV

Amendment 1 is a technical amendment that is required as a result of an amendment to the bill at stage 2. The stage 2 amendment added to the relevant enforcement actions, which can count towards an application for a tobacco and nicotine vapour product banning order. The purpose of the amendment is to make it clear that it is not a requirement that at least one offence must have been committed under chapters 1 and 2 of the Tobacco and Primary Medical Services (Scotland) Act 2010 before a sheriff can be satisfied that a banning order can be issued. That will ensure that a banning order can be applied where three relevant enforcement actions pertain to convictions under section 92(1)(b) or (c) of the Trade Marks Act 1994.

I move amendment 1.

Amendment 1 agreed to.

Section 22—Duty of candour procedure

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is stage 3 of the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. Members should have the bill as amended at stage 2, the ...
The Deputy Presiding Officer Con
Amendment 1, in the name of the minister, is in a group on its own.
The Minister for Public Health (Maureen Watt) SNP
Amendment 1 is a technical amendment that is required as a result of an amendment to the bill at stage 2. The stage 2 amendment added to the relevant enforce...
The Deputy Presiding Officer Con
Amendment 3, in the name of Malcolm Chisholm, is grouped with amendment 4.
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
Amendments 3 and 4 relate to the provisions in the bill that deal with the duty of candour. As most members will know, the duty will arise if a person experi...
Nanette Milne (North East Scotland) (Con) Con
I support Malcolm Chisholm’s amendments, and I will be brief. From my experience in the health service, I am well aware that there are patients who certainly...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I, too, will be brief. At stage 2, I argued that the duty of candour should go through all health and social care processes, and that patients should be info...
Maureen Watt SNP
As other members do, I recognise that it may not always be in the best interests of the individual to be told about what has happened. In implementing the du...
Malcolm Chisholm Lab
I thank the minister very much for that, but I assure her that I am not parting yet. I have two and a half weeks’ worth of speeches left. Amendment 3 agreed...
The Deputy Presiding Officer Con
We move to group 3. Amendment 2, in the name of the minister, is the only amendment in the group.
Maureen Watt SNP
Presiding Officer, I indicated at stage 2 that an amendment would be lodged at stage 3 in relation to the care-worker offence of ill-treatment or wilful negl...
Mary Scanlon (Highlands and Islands) (Con) Con
I thank the minister for her response and for the very reasonable hearing that I got at stage 2. I am grateful that she has lodged amendment 2. Amendment 2 ...
Maureen Watt SNP
I will make sure that Mary Scanlon’s point is clarified in the regulations and guidelines on the bill’s implementation. Amendment 2 agreed to.
The Deputy Presiding Officer Con
That concludes consideration of amendments.