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Chamber

Meeting of the Parliament (Hybrid) 09 March 2022

09 Mar 2022 · S6 · Meeting of the Parliament
Item of business
Justice for Families (Milly’s Law)

I accept fully Jackie Baillie’s point that, on occasion, the processes that we have put in place are not followed; I have said that already. When I have discussions with Anas Sarwar and Scottish Labour on the Milly’s law proposals, we can examine whether the arrangements in that regard can be strengthened and whether there is a need for sanction, as Ms Baillie suggests.

In addition, a consultation will take place later this year, which will include proposals for statutory duties of candour and co-operation to be placed on Police Scotland.

I turn briefly to whistleblowing, which the Government supports. That is why we have taken concrete steps to ensure that we have good processes and procedures in place to facilitate whistleblowing. I recently met Rosemary Agnew, the Independent National Whistleblowing Officer, and we will look to see what more we can do in that regard.

I am conscious of time. We have committed to the establishment of an independent patient safety commissioner. I said earlier that action on some of the outcomes that Anas Sarwar seeks might already be in train. One of the Milly’s law proposals is for an independent public advocate; Mr Sarwar elaborated on that. It is possible that the same could be achieved through the patient safety commissioner. We should have a discussion about that.

Our public service staff work incredibly hard to keep people safe, but I accept that things go wrong. I hope that Mr Sarwar will see that my amendment takes on board the spirit of much of what Scottish Labour has proposed in its motion. I look forward to meeting Anas Sarwar and Scottish Labour to discuss their proposals in more detail.

I move amendment S6M-03491.1, to leave out from “acknowledges” to end and insert:

“understands that public services, such as the NHS and Police Scotland, are staffed by people who work each day to care for and support the people of Scotland; recognises that, where the delivery of standards in public services fall short of what everyone would rightly expect, individuals and their families are too often left seeking answers, or justice; further recognises that this pain, not least where a life is lost, can be compounded where families are concerned that they are not being given these answers; believes that individuals and their loved ones who have been harmed should be central to any investigations or inquiries when, regrettably, things have gone wrong; notes that staff working in public bodies should feel safe to raise concerns when they arise, and that structures within the bodies should empower this; supports the creation of an independent Patient Safety Commissioner to champion the patient voice and promote users’ perspectives in improving patient safety, as set out in Baroness Cumberlege’s report, First Do No Harm; notes that the NHS is subject to an organisational duty of candour, and welcomes that consultation on putting a similar duty on Police Scotland will take place later in 2022.”

15:14  
References in this contribution

Motions, questions or amendments mentioned by their reference code.

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-03491, in the name of Anas Sarwar, on Milly’s law—justice for families. I ask members who wish to speak i...
Anas Sarwar (Glasgow) (Lab) Lab
Two years ago, I stood up in Parliament and exposed the failures at the Queen Elizabeth university hospital. What has been uncovered since is a human tragedy...
The Cabinet Secretary for Health and Social Care (Humza Yousaf) SNP
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 introdu...
Jackie Baillie (Dumbarton) (Lab) Lab
What the cabinet secretary has just said flies in the face of people’s experience. What sanctions would apply to health boards for not following the law?
Humza Yousaf SNP
I accept fully Jackie Baillie’s point that, on occasion, the processes that we have put in place are not followed; I have said that already. When I have disc...
Sandesh Gulhane (Glasgow) (Con) Con
I draw members’ attention to my entry in the register of interests, which states that I am a practising NHS doctor. The Scottish Conservatives welcome Anas ...
Humza Yousaf SNP
I would be happy to look into that issue in more detail. I know of the issue because—far from it being shrouded in secrecy—the health board issued a press re...
Sandesh Gulhane Con
I am talking about the internal walls, not the cladding—Interruption.—Was that before December’s debate, when ministers doubled down to defend the health boa...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I am pleased to speak for my party in the debate and I thank Anas Sarwar for all his work with families and victims to shine a spotlight on the important iss...
The Presiding Officer NPA
We move to the open debate. 15:24
Carol Mochan (South Scotland) (Lab) Lab
I am glad that my party has brought the debate to the chamber. It is the right thing to do, and passing the law would, equally, be the right thing to do. Tha...
Emma Harper (South Scotland) (SNP) SNP
I am grateful for the opportunity to speak in this important debate. I, too, associate myself with the comments that were made at the outset, and I thank eve...
Katy Clark (West Scotland) (Lab) Lab
The debate is about the fundamental relationship between the individual and the state and about whether Governments and public institutions have a duty of tr...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I hope that the member gets her time back for this intervention—she is making an interesting and important point. The problem is that, in an inquiry such as ...
Katy Clark Lab
The member raises an important point, which I do not have time to come back to in detail in this debate, but I hope that we will be able to explore it on ano...
The Presiding Officer NPA
Ms Clark, I must ask you to wind up.
Katy Clark Lab
I very much hope that the Parliament will look sympathetically on the motion.
The Presiding Officer NPA
Thank you—I am afraid that we are very tight for time. 15:37
Jamie Greene (West Scotland) (Con) Con
I start by sending my condolences to anyone affected by the tragic events at the Queen Elizabeth hospital in Glasgow. Nothing that we say or do in the chambe...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
Let me first express my condolences to Milly’s family. I have a 10-year-old granddaughter, the same age as Milly was when she died, and have similar images o...
Gillian Mackay (Central Scotland) (Green) Green
My thoughts are with all those whose care has fallen short of the high standards that we hold for our public services. Fighting to have your voice heard can ...
Audrey Nicoll SNP
I begin by offering my condolences to Milly Main’s family for the circumstances that have led us here, and expressing my admiration for the courage and deter...
The Presiding Officer NPA
We move to the closing speeches. 15:55
Jackson Carlaw (Eastwood) (Con) Con
This has been an interesting debate, with some informed and constructive contributions. I thank Anas Sarwar for the way in which he moved the motion, and I t...
Humza Yousaf SNP
I think that this is the second time that I have said this in as many months, Presiding Officer, but it is a genuine pleasure to follow Jackson Carlaw’s cont...
Jackie Baillie (Dumbarton) (Lab) Lab
It cannot be acceptable that, in today’s Scotland, bereaved families should have to fight tooth and nail for justice for their loved ones when the unthinkabl...
The Presiding Officer NPA
That concludes the debate on Milly’s law: justice for families. There will be a brief pause before the next item of business.