Meeting of the Parliament (Hybrid) 09 March 2022
I thank Anas Sarwar and Scottish Labour for bringing this very important debate to the chamber. I will address the points in the proposal that he has introduced about Milly’s law shortly.
I start where Anas Sarwar started: by thanking all those who work in our public services up and down the country. In a time of unprecedented pressure, they have been tireless in their efforts. Staff in the NHS, Police Scotland and other public organisations have worked every single day during the Covid-19 pandemic to care for and support the people of Scotland. Despite the significant pressures that our public services have been under, we know that staff always aim to provide the best service they can provide to members of the public. Again, I record my thanks to them for that.
However, given my role, I am the first to acknowledge that there are times when the quality of service or care that is provided by our public services falls far short of the high standards that members of the public, members of the Scottish Government and, I suspect, members across the chamber expect to be consistently delivered. When that happens, individuals and families should be supported; they should have their questions answered and their concerns addressed and they should be told honestly what has happened, what will be done in response and what actions will be taken to ensure that the same never happens again. Transparency must be at the heart of all such efforts. That is particularly vital following the pain and distress of losing a child. I can imagine no worse pain that could befall a parent or a family.
I recognise that, on occasions, rather than being given the information that they seek, people who are affected and their families are instead left seeking answers. Therefore, I say at the outset that the proposal from Anas Sarwar and Scottish Labour on Milly’s law will be considered with an open mind by the Government and by me, in my role as Cabinet Secretary for Health and Social Care. I extend an invitation to Mr Sarwar to meet me to discuss the details of the proposals and, indeed, to discuss a member’s bill, if he intends to lodge such a bill.
My initial thoughts are that there is certainly merit in a number of the Milly’s law proposals, but I think that some of the proposals that Mr Sarwar has put forward need further consideration and discussion. It is possible that work towards some of the outcomes that he seeks could already be in train, through action that the Government is taking. I will elaborate on my thinking on that shortly.
Before I do so, I apologise without hesitation to all the people who have had poor experiences while in the care of the NHS or other public services. We have already established an independent public inquiry, led by Lord Philip Brodie QC, to fully investigate the issues that were highlighted by Milly’s case. The Government will, of course, co-operate fully with that inquiry.
There are already systems and processes in place in NHS Scotland that make openness and transparency when things go wrong not just a principle—I think that that is the word that Anas Sarwar used—but a statutory obligation, through our laws on the duty of candour. That means that health boards are legally required to review certain types of incidents, to meet personally people who have been affected, to investigate the issues that are raised, to offer an apology and to consider what learning can be applied.