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Committee

Local Government and Regeneration Committee 16 March 2016

16 Mar 2016 · S4 · Local Government and Regeneration Committee
Item of business
Subordinate Legislation
Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (SSI 2016/72)
Simpson, Dr Richard Lab Mid Scotland and Fife Watch on SPTV
Thank you. It is important to recognise that we are dealing with individuals; in Parliament, we tend to get lost in dealing with categories. The minister says that there are not significant numbers involved, but if there is one patient in a care home who might be ineligible because they are mobile enough, although they do not have the capacity to recognise the dangers of traffic, that is one person too many. I appreciate that this is a pilot and I welcome the SSI—I think that it contains important changes—but I know of patients who would otherwise be eligible but will not be as the SSI is currently formulated. I hope that the minister will agree to, and that the working party will quickly examine, a careful evaluation of those who might be eligible were the criteria to be extended to allow people to qualify other than on the grounds of mobility. In other words, if they receive free personal care—and they also have a mental disorder of a degree and severity that makes it difficult for them to recognise the dangers of traffic—I think that they require sufficient support to be eligible. I had a relative in that position, so I am speaking from not just a professional or political point of view, but a personal point of view. The minister said that the numbers in the group who receive NHS continuing care would not be significant and that the reason for leaving them out is because they might not be eligible for 12 months. I refer him to the Mental Welfare Commission for Scotland report on people with learning disability, in which the delay in discharging those patients into the community is said to have been extremely significant. Over 35 per cent of patients with learning disability were not discharged in an adequate time. Indeed, if you examine code 9 discharges—that is, of those waiting for complex care packages in the community—you see that the delays can often be over 12 months. For those individuals then to be, effectively, incarcerated in hospital and unable to be taken out is simply not acceptable. I urge the minister, in his final response, to provide the committee with a guarantee that both of those groups will be evaluated fully within, or alongside, the pilot scheme. Unless I receive that assurance, I will press the motion to annul. I really have no wish to do so because, as the minister indicated, that would delay a pilot scheme that is extremely worthwhile and valuable. Nevertheless, I feel that the exclusion of those individuals is wholly inappropriate. I move, That the Local Government and Regeneration Committee recommends that the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (SSI 2016/72) be annulled.

In the same item of business

The Convener SNP
The substantive agenda item is item 2, under which we will take evidence on motion S4M-15895, in the name of Dr Richard Simpson. I welcome Derek Mackay, Min...
Dr Richard Simpson (Mid Scotland and Fife) (Lab) Lab
Thank you, convener. I am sorry to drag the committee here on such a busy day. This is a new experience for me—I have not moved an motion to annul a Scottish...
The Convener SNP
You do not have the opportunity to respond to the minister until we get to the moving of your motion; you will be able to say what you want at that point.
Dr Simpson Lab
That is excellent; I will conclude at that point.
The Convener SNP
As there are no questions from members for Dr Simpson, would you make a statement, minister, please?
The Minister for Transport and Islands (Derek Mackay)
Thank you. I welcome the opportunity to speak today. I have one point of immediate clarification on Dr Simpson’s question about children with learning disabi...
The Convener SNP
Thank you. As no member has a question for the minister, we will move on to agenda item 3, which is formal consideration of motion S4M-15895. I will set out...
Dr Simpson Lab
Thank you. It is important to recognise that we are dealing with individuals; in Parliament, we tend to get lost in dealing with categories. The minister say...
The Convener SNP
As there are no contributions from members, I call the minister.
Derek Mackay
I just want to outline to the committee that it has options here. A request has been made of me that I can certainly agree to, which is that the on-going pi...
The Convener SNP
Thank you for that, minister. I ask Dr Simpson to respond and to press or withdraw the motion, please.
Dr Simpson Lab
First, I welcome the fact that the minister has brought forward this SSI. At every stage, I have said that I support it. I do not wish to interrupt the pilot...
The Convener SNP
Dr Simpson, this committee has kept a very close eye on this SSI. I believe that the original date of its discussion was given to you and I have to say that ...