Hansard

As a new member, I am pleased to be able to speak in this debate about what is a short but landmark piece of legislation. Although it is a bill that has taken too long to come, I hope that it might still stand out as an example of what the Parliament can achieve when we work with and on behalf of our constituents.

I pay tribute to the women who have got us to this point and to colleagues such as Jackson Carlaw, and previous colleagues such as Alex Neil and Neil Findlay, who became their voice in the Parliament.

As we have heard, the bill establishes a scheme to reimburse women who have made their own arrangements to have transvaginal mesh removed. From the outset, let us recognise that those women faced scepticism when they complained about adverse effects, felt that they were not believed, experienced distress and often had to wait very long periods of time before remedial surgical intervention could take place.

Many elected representatives, whether MSPs, MPs or councillors, have been contacted by constituents who are living with the terrible consequences of the use of transvaginal mesh, which was used to treat problems that are often linked with childbirth, including stress urinary incontinence and pelvic organ prolapse. Shockingly, the worries over mesh were all too often dismissed by some in the medical profession as “women’s problems”. That was lax, negligent, insensitive and wrong, yet, in some cases, it continued for more than 20 years. We should be in no doubt about the fact that the action of some in the medical profession exposed women to avoidable harms for too long.

In July 2020, in her review of the avoidable harm that had been caused by the use of mesh, Baroness Cumberlege looked into the pain and suffering that women—often, very young women—were forced to endure. As we have heard, that included severe and chronic pain, recurrent infections, mobility issues and incontinence. The inquiry highlighted complications that included prolapse, bowel problems, sexual difficulties, fatigue, depression, post-traumatic stress disorder, suicidal feelings and—sometimes—death.

Tragically, women also reported that mesh complications led to a relationship failing and family breakdown, the loss of employment and families losing their homes, and financial hardship. All those effects were life changing, and all of them were avoidable.

I thank the cabinet secretary for his thoughtful and open-minded response at stage 1, and I welcome his willingness to consider any enhancements or amendments to the bill at stage 2.

I commend the many women concerned and the support groups that they established around the world. They were tireless, brave and committed campaigners who spent years raising the alarm about the consequences of the use of mesh implants and who did not give up or go away, even when, deep down, they felt shut out and ignored.

Their commitment eventually led to a breakthrough in the Scottish Parliament: the petition that was presented to the Parliament by Elaine Holmes and Olive McIlroy on behalf of the hear our voice campaign has led to our considering the bill at stage 1 here today.

The petition called for a suspension of the use of transvaginal mesh and a full evaluation of the safety concerns. As well as making the case for the introduction of fully-informed consent throughout Scotland, it called for improved reporting of complications after surgery and the setting up of a national register of all mesh procedures, which should be linked to international registers.

In 2017, the Scottish transvaginal mesh implants independent review recommended stopping the process altogether and, since then, transvaginal mesh surgery for pelvic organ prolapse has been restricted to being used only in connection with research trials.

However, let us not forget the tragic and justifiable loss of trust that many women felt and that some continue to feel towards some in the medical profession and our NHS. They felt isolated, their concerns were dismissed and many then sought removal surgery outwith the NHS and often well beyond its boundaries. They went to private providers at home and abroad, and they secured funding through a range of means.

It is worth noting that there was no available referral route to independent providers and that today the Scottish Government acknowledges that and recognises the lack of trust and the reasons behind it. Through the bill, the Government rightly concedes that the circumstances are exceptional and that reimbursement for the costs of surgery and associated travel and other costs is fully justified.

The bill’s consultation process raised several concerns about eligibility to apply for the scheme, many of which have been touched on. As Stuart McMillan noted, there is a question mark about some of the sources of funding for private treatment. For example, there is a question whether women should be eligible for reimbursement if they received money via crowdfunding.

The Scottish Conservatives strongly support the bill, but we believe that further clarity is needed on the eligibility criteria. I welcome Gillian Martin’s call for wide promotion of the reimbursement scheme once the bill is passed.

We should never lose sight of the fact that we are dealing with women who were badly let down and who faced devastating and life-changing consequences as a result. We have a responsibility to ensure that they receive the best and most appropriate treatment available. We have a duty to help them to rebuild their lives. I look forward to the concerns that were raised at stage 1 being addressed as the bill makes its way through the Parliament. For mesh sufferers, the legislation cannot come a moment too soon. Now is the time to fully deliver the care, compassion, compensation and, I hope, closure that the victims of transvaginal mesh so rightly deserve.