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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
Grant, Rhoda Lab Highlands and Islands Watch on SPTV

I was not suggesting for one moment that those options should not be available, because addictions of any kind have an impact on people’s mental health and stopping smoking is obviously the desired outcome. The issue is how we get people to do that if they are not well. We need to show compassion as well as encouraging them to stop smoking.

There was a lot of discussion about the duty of candour, and I emphasise that aspect again as it is an important part of patient care. Patients should have the information that they need when they are receiving care. However, the duty of candour as set out in the bill can be quite bureaucratic, as it provides for a reporting system and a system for apologies. I hope that the guidance that is given on implementing the bill will ensure that such an apology is meaningful. If the process is mishandled, that could cause additional distress. People need to be quite clear that an apology is being given not just because it has to be but because it is actually meant.

Malcolm Chisholm pointed out that that part of the bill is not so much about punishment as about keeping patients informed, and learning from experience and improving the service that we give to people. Even when a patient does not want to exercise their rights under the duty of candour, Malcolm Chisholm’s amendments allow for the circumstances surrounding the events to be examined so that staff can learn from the experience. That is really important, and the point was echoed by Nanette Milne, who spoke about the paternalistic NHS—which we have, I hope, seen the back of, although bits of it still exist here and there. It is important that we ensure that the NHS is patient centred rather than staff centred or led.

Nanette Milne highlighted the RCN’s concerns about wilful neglect and its worry that bill would be a barrier to openness and whistleblowing. She rightly wants that aspect reviewed, and I echo that call, because it is important that we have a very open health service and there are no barriers to people reporting concerns to ensure that problems do not happen again. However, I stress that I very much support the inclusion of an offence of wilful neglect. Mary Scanlon spoke about one such case, and we have all had cases of wilful neglect of patients that have been sad and heartbreaking. When that happens in a palliative care setting, it is even worse, because there is no way of going back and making something better, which can lead to families having real difficulty getting over their grief.

I want to touch on communication equipment, but I am not sure how much time I have, Presiding Officer.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-15801, in the name of Maureen Watt, on the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. I cal...
The Minister for Public Health (Maureen Watt) SNP
I am delighted to open the debate on the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. I thank the Finance Committee, the Delegated Powers and Law...
Rhoda Grant (Highlands and Islands) (Lab) Lab
First, I thank the staff of the Health and Sport Committee, the legislation team and all the others who helped with the bill process, as well as all those wh...
Nanette Milne (North East Scotland) (Con) Con
This afternoon sees the completion of the fifth piece of legislation to be scrutinised by the Health and Sport Committee in the last few months of this parli...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP) SNP
The bill marks another staging post in the long journey towards improving public health in Scotland and our aim of limiting exposure to smoke and discouragin...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
As Nanette Milne said, this is the fifth bill that the Health and Sport Committee has scrutinised recently—in the past five months, to be precise. I know tha...
Jim Hume (South Scotland) (LD) LD
As I mentioned back in December during the stage 1 debate, the Scottish Liberal Democrats welcome plans to help many people live healthier lives, with better...
Nanette Milne Con
I begin my closing remarks by returning to parts 2 and 3 of the bill. I grew up in a paternalistic NHS, at a time when patients expected and received little ...
The Deputy Presiding Officer (Elaine Smith) Lab
I should have said at the start of closing speeches that we have a few minutes in hand if members are inclined to take interventions or wish to take a little...
Rhoda Grant Lab
This has been a good debate. It is sometimes difficult to debate a bill that covers such a range of different issues. To sum it up, we all want and look forw...
Maureen Watt SNP
Rhoda Grant raises an interesting point that highlights the need for a person-centred approach and the provision of some leeway. Increasingly, however, the e...
Rhoda Grant Lab
I was not suggesting for one moment that those options should not be available, because addictions of any kind have an impact on people’s mental health and s...
The Deputy Presiding Officer Lab
I can allow you the time to touch on that.
Rhoda Grant Lab
Thank you. At First Minister’s question time, I raised with the First Minister the Sue Ryder report about the treatment of patients with neurological disord...
The Deputy Presiding Officer Lab
I would be grateful if you would draw to a close now.
Rhoda Grant Lab
I simply reiterate that we will support the bill at decision time. 15:41
Maureen Watt SNP
I thank members for their contributions. I welcome the breadth of support that the bill has received throughout its parliamentary stages and the constructive...
The Presiding Officer (Tricia Marwick) NPA
Thank you, minister. That concludes the debate on the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. I say to members that it is likely that we wi...