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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 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 contribution. He made some powerful points. Indeed, a number of members from all parties, including Anas Sarwar, who led the debate for Scottish Labour, have made important points.

I reiterate that I will seek an early meeting with Anas Sarwar. My office will be in touch to arrange that. I am keen to understand—I am sure that he will address the matter in his closing speech—the timetables that are involved in relation to the proposals, the bill and so on. Let us get ahead of that and meet early on to discuss the specifics of Milly’s law, as the proposals have a lot of merit to them.

I, too, commend every member of this Parliament who has, over the years, amplified the voices of those who have felt powerless in the face of terrible adversity. That should never have been necessary; it should not have taken members of this Parliament to amplify those voices. However, they have done so admirably.

A number of points have been well made by members. Katy Clark made the point very well about the imbalance that can often arise between the state and its institutions and the public. She spoke at length about some of her concerns about the handling of police complaints and about the prison service. Later this year, we are due to consult on the police complaints handling bill. I am sure that she will want to give her thoughts on that. Many of the issues that she touched on will be covered in that consultation.

A number of members spoke powerfully about the loss of a child, including how no one expects that to happen, how unnatural it must feel and how none of us, unless we have experienced it ourselves, can understand the grief that befalls parents and a family when that happens.

I accept the central premise—which Opposition members and members of my party have mentioned—that, on occasion, the health boards involved have not approached the issue correctly, appropriately or, indeed, with the values that all of us hold dear around transparency and parent and family involvement. I think that there are merits in the proposals.

This has been a very good debate, with, by and large, very good contributions. However, we perhaps need to take a moment. We should not always cast the debate as being one of management, and senior management in particular, versus the public. I have had the pleasure of being the health secretary for the best part of 10 months. I have dealt with and spoken to senior management in every single health board and non-territorial board in the country. I speak to men and women who are dedicated to public service. I fully accept that that does not mean that they get everything right, but they are dedicated to public service. We need to ensure that the values that we expect in our health service materialise, particularly at the time of adverse events.

On the actions that the Government has taken, we have the duty of candour laws. I accept the point that there may be a discussion to be had about what else can be done. Jackie Baillie raised the point about potential sanctions, which I will consider.

A consultation on the patient safety commissioner has just taken place, and perhaps that role presents an opportunity. As I said, I will have an early meeting with Anas Sarwar, at which we will perhaps discuss his bill, pre-introduction, and his expectations in relation to the public advocate that he is calling for. Perhaps those could be met through the patient safety commissioner.

Where, unfortunately, things have not gone right and there is a requirement for independent public scrutiny, as happens with a public inquiry, I make it abundantly—absolutely—clear that the Government will co-operate with the public inquiry that is under way. My goodness, let us hope that there is not another such inquiry in future, but, if there ever is, the Government will co-operate fully with it.

I look forward to seeing the detail of Milly’s law and co-operating and working closely with people across the Opposition parties to make sure that we prevent things from going wrong and that, if they do go wrong, we deal with them openly and transparently.

16:04  

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.