Hansard

Labour will not support this motion tonight, as we believe that there is more work to be done to ensure that these regulations are proportionate and appropriate for children.

This particular SSI seeks to amend the Mental Health (Safety and Security) (Scotland) Regulations 2005 to add Foxgrove, a new national in-patient facility for children and young people aged 12 to 17, which is located at the Ayrshire central hospital in Irvine, to the list of hospitals that are subject to the regulations.

Agreeing to the regulations would mean that young patients would be subject to the same measures as currently apply to adult facilities under the regulations, such as the searching of patients and their belongings; the sampling of certain body fluids or tissues; placing restrictions and the prohibition of visits; and the placing of restrictions on the kind of things that patients might have with them in hospital, and possibly the confiscation of items.

Labour welcomes the introduction of much-needed specialist services, but we remain concerned that more work needs to be done to ensure that these regulations do not undermine the human rights of children, including those set out in the United Nations Convention on the Rights of the Child.

In written evidence to the Health, Social Care and Sport Committee, the national youth justice advisory group said:

“NYJAG don’t believe the measures should be authorised as they stand as children under eighteen have different levels of need and maturity”.

The Children and Young People’s Commissioner Scotland said:

“We ... recommend that alternative proposals be developed, using as a starting point the Secure Care Standards and Pathways”.

In addition, the centre for mental health and capacity law at Edinburgh Napier University said:

“There should ... be a detailed human rights impact assessment undertaken in addition to this limited consultation.”

Indeed, a consultation on the regulations lasted just two weeks, receiving only nine responses, and many were unaware that it was taking place.

A full children’s rights and wellbeing impact assessment has not been completed, and there are legitimate concerns to do with the consent and capacity of the patients, given their age and varying complex needs. Although I appreciate that the minister committed to conduct a children’s rights and wellbeing impact assessment when she was before the Health, Social Care and Sport Committee last week, such an assessment should have been completed prior to the regulations being laid in Parliament.

On that basis, Labour will not support the regulations tonight. I would encourage members of all parties to vote with us and to defer the regulations until a full children’s rights and wellbeing impact assessment and a satisfactory level of consultation with critical stakeholders have been undertaken.