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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)

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 Scottish National Party vowed to deliver Anne’s law for care home residents, the position is largely unchanged from what I have just described. As of 14 February, 92.3 per cent of care home residents in Scotland had received three doses of the Covid-19 vaccine, making the continuing restrictions hard to justify. There is no vaccine for loneliness and isolation.

Time and again, the Scottish Government has implemented restrictions and regulations but has not acted with the same speed when the restrictions are no longer required, despite knowing that being separated from loved ones causes harm to people in care homes.

The First Minister has correctly stated that lateral flow tests are 99 per cent accurate. We should trust and use the science. Staff undertake 12-hour shifts based on a negative lateral flow test, so why can relatives not visit on that basis? They do not interact with large numbers of residents, as staff do, and they do not work across the care home, so there is little risk of widespread transmission.

The change would be easy to deliver. Relatives need to be recognised as care givers. They are as important, if not more so, to the wellbeing of the person in the home. Let us make use of lateral flow tests to open up access. Let us trust the science that the First Minister referenced.

Scottish Labour has been forced to bring the debate to the chamber in order to demand answers and action. For those at the end of their lives, every day counts. [Interruption.] The cabinet secretary would do well to listen. The Scottish National Party and Green coalition cannot continue to drag its heels on strengthening residents’ rights. The Government has the power to make the change now. Its own records show that updated restrictions have left 21 per cent of care homes likely to be operating under severe restrictions, yet Anne’s law is discussed only when prompted by other MSPs.

This is a matter of basic human rights. There is an opportunity to do the right thing for care home residents, who have been let down so often over the past two years. It cannot be right that life goes on for the majority while others continue to suffer. All parties support early legislation, and I urge the Minister for Mental Wellbeing and Social Care to give a clear timetable for bringing such legislation to Parliament so that care home residents can enjoy the same freedoms as the rest of us enjoy.

The two-year anniversary of the start of the pandemic, as it approaches, will cause us all to reflect. We will be reminded to appreciate small freedoms, such as a cup of tea with family or lunch with friends. Let us not forget that, for some, those small freedoms are still out of reach. The Scottish Government must act, and it must act now.

I move,

That the Parliament understands that maintaining good social connections are crucial for the wellbeing and quality of life for residents in adult care homes; acknowledges that care homes have been unduly affected by the COVID-19 pandemic, and thousands of residents have been repeatedly separated from their loved ones due to restrictions; regrets that the Scottish Government has not yet brought forward legislation to strengthen the rights of residents and their families so that relatives are recognised as care givers and residents have the right to see and spend time with the people who are important to them, and calls on the Scottish Government to urgently introduce legislation to implement Anne’s Law so no one has to again experience what Anne Duke and her family, alongside many other families, had to go through.

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...