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Chamber

Meeting of the Parliament (Hybrid) 09 March 2022

09 Mar 2022 · S6 · Meeting of the Parliament
Item of business
Care Home Visiting Rights (Anne’s Law)

Presiding Officer, 24 March will mark two years since Scotland entered its first day of lockdown. Those were some of the hardest days that many of us have had to face. Those of us who had family or friends to isolate with were the lucky ones and, even then, for many people, the weight of lockdown was huge. We did that because it was necessary, it saved lives and it was the right thing to do.

Since then, more than 4.4 million adults in Scotland have received at least one dose of the Covid-19 vaccine, and the number of patients in intensive care units with the virus has significantly decreased. Football and rugby stadiums are again packed with spectators, and nightclubs and hospitality venues can operate without restriction. We can meet friends to socialise and families can gather to celebrate milestones once again.

Lockdown appears to be a distant memory, yet care home residents continue to face some of the severest restrictions. People living in those homes continue to be the forgotten victims of the pandemic under the Scottish Government. For the past two years, adults living in care homes in Scotland have been isolated from their friends and families. For them, those hard days of separation are the reality, and the lack of urgency that the Government has shown in addressing the issue prolongs their suffering.

In November 2020, Natasha Hamilton brought a petition to the Parliament to ensure that family members could be granted access to relatives in care homes, regardless of lockdown levels. Natasha’s mum was Anne Duke, who was in a care home, and Anne’s family showed remarkable bravery in exposing the struggle that too many families experienced—the isolation, separation and loneliness, and the toll on mental and physical health. That story was echoed by people in my constituency. Let me share a quote from one of them, who said:

“Every day we are separated means that my mother’s wellbeing deteriorates. The restrictions in care homes are too severe, inhumane and have been in place too long.”

Let us look at the contrast. If any of us tested positive, we would be told to isolate for seven days. In care homes, it is 10 days. If someone is a close contact and triple vaccinated, they do not need to isolate but, in a care home, close contacts have to isolate for 10 days. For someone in a household with Covid, there are no restrictions, but a care home closes for 14 days. The reality is that that means rolling lockdowns and restricted visiting. Donald Macaskill of Scottish Care has said:

“such extended periods of isolation ... are unacceptable, disproportionate, unnecessary, and hugely damaging.”

In the same item of business

The Deputy Presiding Officer (Liam McArthur) LD
The next item of business is a debate on motion S6M-03492, in the name of Jackie Baillie, on Anne’s law—protecting the right of care home visiting. Any membe...
Jackie Baillie (Dumbarton) (Lab) Lab
Presiding Officer, 24 March will mark two years since Scotland entered its first day of lockdown. Those were some of the hardest days that many of us have ha...
The Cabinet Secretary for Health and Social Care (Humza Yousaf) SNP
I absolutely recognise the disparities between the isolation periods in care homes and those for the general public, but is Jackie Baillie asking us to reduc...
Jackie Baillie Lab
I will quote the First Minister in a minute, so the cabinet secretary might want to listen. Almost one year on from the Scottish Parliament elections, when ...
The Deputy Presiding Officer LD
We are very tight for time, so members will have to stick to their allotted times. 16:17
The Minister for Mental Wellbeing and Social Care (Kevin Stewart) SNP
I welcome the opportunity to contribute to today’s debate. People who live in care homes and their loved ones are undoubtedly among those who have been harde...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
The minister has recognised the anxiety and stress felt by families and staff in our care homes, but does he recognise that that despair exists to this day? ...
Kevin Stewart SNP
I do not quite get Mr Cole-Hamilton’s point—I might have picked it up wrong. Jackie Baillie is right to say that we should be testing, but he is saying that ...
Monica Lennon (Central Scotland) (Lab) Lab
Will the minister give way?
Kevin Stewart SNP
I have a lot to go through. Our named visitor guidance was introduced last year as a first step towards implementing the changes that we all believe are nec...
Monica Lennon Lab
Will the minister give way?
Kevin Stewart SNP
I really do not have time—I have a lot to say. Maybe I will give way later. I thank care home staff and health protection teams who have tirelessly worked t...
The Deputy Presiding Officer LD
You need to conclude now, minister.
Kevin Stewart SNP
Finally, that also means that the Care Inspectorate, under its existing legal powers, will now have a strengthened role to ensure that the new standards are ...
The Deputy Presiding Officer LD
You do now need to conclude, minister. You are well over time.
Kevin Stewart SNP
I will say more about primary legislation in summing up, Presiding Officer. I move amendment S6M-03492.2, to leave out from “understands” to end and insert:...
Craig Hoy (South Scotland) (Con) Con
I thank Jackie Baillie for securing this important debate before Parliament today. It is just over two years since Covid arrived on Scotland’s shores—two ye...
Monica Lennon Lab
Will the member take an intervention?
Craig Hoy Con
I will not, I am afraid, because I am short on time. We are sceptical of the SNP’s amendment, which offers yet more dither and delay. Notwithstanding what t...
Kevin Stewart SNP
Will Mr Hoy give way?
Craig Hoy Con
I must carry on. Today’s debate is not about the reasons as to why so many died in our care homes—that will be for Lady Poole’s public inquiry to determine—...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I am grateful to Jackie Baillie for bringing the debate to Parliament. I offer her our unconditional support: we stand full square behind Labour in its quest...
Monica Lennon Lab
Several times in his speech, the minister talked about “visitors”. He did not talk about family care givers. Alex Cole-Hamilton has recognised the important ...
Alex Cole-Hamilton LD
I absolutely agree. To clarify my intervention to the minister, I say that we are shutting such people out of our care homes. The care home manager who got i...
The Deputy Presiding Officer LD
We move to the open debate. Paul O’Kane joins us remotely. 16:33
Paul O’Kane (West Scotland) (Lab) Lab
The importance of today’s debate cannot be overstated. Our care homes have been at the centre of the pandemic over the past 2 years. Let me put on record my ...
Evelyn Tweed (Stirling) (SNP) SNP
I thank Jackie Baillie for bringing this important debate to Parliament, and I thank Natasha Hamilton for her petition in honour of her mother, Anne Duke, wh...
Carol Mochan (South Scotland) (Lab) Lab
The Covid-19 pandemic has been difficult for everyone. Up and down the country, isolation and loss have been felt by so many. However, as a result of the str...
Sue Webber (Lothian) (Con) Con
The Scottish Conservatives recognise the impact that Covid restrictions have had on care home residents and their families, and we gladly support the princip...
Gillian Martin (Aberdeenshire East) (SNP) SNP
I am fully supportive of the principles of Anne’s law, and I was moved by the testimony of Anne’s daughter, Natasha Hamilton, and the many others who could n...