Hansard

I absolutely am. The cases that I am referring to relate to individuals who had complex needs and care needs during the pandemic. Indeed, the first line of my amendment makes a point about the need for investigations into

“the failings of Scottish ministers during the pandemic”

around human rights. It is important that we consider that today.

Another constituent of mine who also raised concerns, specifically around human rights breaches, was Heather Goodare, who had a “Do not attempt cardio resuscitation” notice placed on her during her stay in hospital. She did not discover that until she had left hospital, when she found it buried within her notes. Her daughter Roseanne had refused to sign a “Do not resuscitate” order when she was first asked to, when her mother was admitted to hospital.

Campaigners are raising such concerns because they want our human rights legislation to ensure that vulnerable patients across Scotland do not face such practices in the future. I have raised those points with former and current First Ministers, as we have not had a full investigation by Government into those practices that took place during the pandemic. There are many examples of cases in which ministers need to consider what were arguably breaches of human rights in Scotland during the pandemic.

We also need to consider people having their care packages suspended—in particular, young people with disabilities having their independent support packages removed or cut and having to move home with their elderly parents. The Government motion states:

“That the Parliament notes the ambition for Scotland to be a world leader in both the legislation for, and realisation of, human rights”.

I agree, but we need to take this opportunity to consider the consequences of a pandemic and human rights violations.

Last Sunday marked the United Nations international day of persons with disabilities, which aims

“to promote the rights and well-being of all persons with disabilities in all spheres of society and development”

and

“To increase awareness of persons with disabilities in every aspect of political, social, economic, and cultural life”

across the world. The disability employment gap in Scotland remains too wide, as I think we all recognise. In 2022, it was 31.9 percentage points, with 82.5 per cent of non-disabled people in employment, compared with 50.7 per cent of disabled people.

The Government motion

“notes the recent consultation on a Human Rights Bill to incorporate economic, social and cultural rights ... into Scots law”.

I think that there is cross-party welcome for that opportunity. Many colleagues across the chamber have explored where they could introduce their own bills in this area. I note, in particular, the work that Pam Duncan-Glancy and Jeremy Balfour have done on members’ bills to do just that and to advocate and advance rights for disabled people in Scotland. Ministers do not necessarily seem to want to engage with bills from Opposition parties in this area, but I hope that today’s debate presents an opportunity for ministers to think again on that.

Members who are outside the Government SNP and Green parties want to make progress and are doing so themselves with members’ bills but have not had the necessary engagement from the Government. It perhaps does not need the numbers, but there are ideas from across the chamber that the Government is missing. As the Scottish Human Rights Commission’s executive director, Jan Savage, stated:

“The Scottish Government has not done enough to ensure disabled people’s human rights are fully realised and we are pushing for protection of disabled people’s rights to employment, independent living and an adequate standard of living”.

I hope that the minister, who is in a relatively new role, will take on board the opportunity that other members present with their members’ bills.

In the previous session of Parliament, I proposed Frank’s law—a bill to extend free personal care to people under 65. Parliament united and helped to deliver that policy, but we still need many councils to follow through to deliver it in full. I hope that the Scottish Government will choose to work with Parliament to make progress on all human rights issues in this session, and that the Government will work to deliver in full Anne’s law, as I outlined earlier, and Calum’s law, which is about young people in disabled services—Daniel Johnson is working on a member’s bill on that.

Evidence and experience show that, when barriers to inclusion are removed for them, people with disabilities are empowered to fully participate in our society, and our entire community benefits. Barriers faced by persons with disabilities are, therefore, a detriment to society as a whole, and accessibility is necessary to achieve progress and development for all. I hope that the debate gives us an opportunity to consider many of the things that still need to change in Scotland.

I move amendment S6M-11537.1, to insert at end:

“; expresses concern over the number of families, children and disabled people in temporary accommodation; calls on the Scottish COVID-19 Inquiry to investigate the failings of Scottish ministers during the pandemic such as instances of disabled people being moved out of hospital without family decision-making, and disabled people having their care and independent support packages cut or suspended, and further calls on the Scottish Government to ensure that all those in receipt of Adult Disability Payment and Personal Independence Payment are also entitled to claim Social Security Scotland’s Winter Heating Payment, to deliver the Coming Home Implementation recommendations for young people with learning disabilities and complex care needs being held inappropriately in hospital settings, to support and deliver Anne’s Law and Calum’s Law, and to fully implement and deliver Frank’s Law.”