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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)
Hoy, Craig Con South Scotland Watch on SPTV

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—but we know that Common Weal described the situation in our care homes as

“possibly ... the single greatest failure of devolved government ... since the creation of the Scottish Parliament.”

Families need closure so that they can properly mourn those who passed away. Anne’s law could help them to move on and to remember those who died.

We should also remember the heroic efforts of the staff who work in the social care sector, who were often there when residents passed away. In the early days of the pandemic, Covid ripped through care homes indiscriminately, killing our friends and family members, so it is understandable that steps were taken to protect staff and residents from infection. Many staff struggled to access personal protective equipment. Staff went to work not knowing whether they would return home infected with Covid. They formed small armies of infection control. However, the decision to prevent all access to care homes created what has been described as potentially “dangerous closed institutions”, where families could not act as the eyes and ears of homes and residents.

Leading public health experts back Anne’s law and recognise the care that it will provide. In its own consultation, the Government was clear in its objectives. It recognised that families and friends play an essential role in the health and wellbeing of people who live in such homes, and it admitted that prolonged isolation from family and friends is likely to be detrimental to the welfare of the resident.

All that campaigners are seeking is to ensure that people who live in adult care homes have rights to see and spend time with the people who are important to them and who often care for them. As Natasha Hamilton said,

“There are no silver bullets for Covid, we need to learn to live with it. That can’t mean separating families. That’s just cruel and barbaric.”

Anne’s husband, Campbell Duke, is a retired social worker. Before Covid, he previously spent 40 hours per week by his wife’s side at her care home in East Kilbride. Speaking before Anne died, he said:

“Families need each other more than ever but they’re being let down ... What we need is for the human rights of care home residents to be guaranteed in emergency legislation. I believe there would be a majority in Parliament for this.”

I believe that there is a majority in the Parliament for Anne’s law, and it is clear that now is the time to act.

I move amendment S6M-03492.1, to insert after “Anne’s Law”:

“and to explore extending its scope to include those receiving care in other health and care settings such as hospitals and residential care facilities,”.

16:29  
References in this contribution

Motions, questions or amendments mentioned by their reference code.

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...