Health, Social Care and Sport Committee 11 November 2025
The issues that are highlighted in the amendment are extremely important and they will be crucial in relation to the assessments that are made of particular individuals, not across the board. Again, one needs to take into account whether that would be more appropriately set out in the bill or best left to secondary legislation or guidance. I believe that those issues are better reflected in guidance. I do not think that it is a resource issue; it is about ensuring that the profession is able to have input to the way in which training is designed and taken forward.
I turn to Jackie Baillie’s amendments 66, 68, 70, 71A and 72. I ask for those amendments not to be moved. I have spoken to my amendments on training, and I ask members to support those instead. My amendments seek to allow Scottish ministers to regulate for training, in addition to qualifications and experience, that is relevant to the co-ordinating registered medical practitioner, the independent registered medical practitioner and the authorised health professional, and they would require all regulations to be consulted on.
Jackie Baillie’s amendment 49 would require any regulations made in relation to the qualifications and experience that the co-ordinating practitioner should have to include minimum training standards and qualifications and experience that are required specifically to deal with a person aged between 18 and 24 or a person with a fluctuating illness and/or an unpredictable prognosis. The amendment would also require Scottish ministers to review the regulations in relation to qualifications and experience, but not training, from time to time.
I am sympathetic to the amendment, not least due to my engagement with Children’s Hospices Across Scotland over the past few years, but I draw members’ attention to my amendments on training. They will allow ministers to set out what training, as well as what qualifications and experience, a person must have to be the co-ordinating practitioner, independent registered medical practitioner or authorised health professional.
I note that, as Jackie Baillie’s amendment stands, the co-ordinating registered medical practitioner would be subject to the requirement, but not the independent registered medical practitioner. I also note that the part of the amendment in relation to minimum training standards that are required may overlap with Jackie Baillie’s amendments 66 and 71, which also provide for the co-ordinating practitioner to have completed training to be specified by ministers in regulations.
In relation to the part of the amendment that relates to specific qualifications and experience that would be required in relation to those aged under 25, I note that the regulation-making powers in the bill will allow ministers to specify that if it is felt necessary. The bill requires ministers to consult relevant persons ahead of laying any such regulations in order to ensure that what medical professionals consider necessary is properly reflected. That is the case in the amendment, which is concerned with specific training and experience in relation to diseases, illnesses or conditions of a fluctuating nature and with unpredictable prognoses.
On that basis, I ask for amendment 49 not to be moved and I ask Jackie Baillie to consider how the bill as amended stands after stage 2. As ever, I am happy to work with her ahead of stage 3 on any further aspects that may need to be addressed.
I turn to Mr Whittle’s amendment 155. Section 6(6) of the bill sets out the circumstances in which an independent registered medical practitioner may carry out an assessment under section 6(3). Amendment 155 seeks to add the requirements that the independent registered medical practitioner must not have consulted the co-ordinating registered medical practitioner on the case, have been provided with access to any notes prepared by the co-ordinating practitioner on their assessment, or have been provided with any other notes prepared by the co-ordinating registered medical practitioner since the date of the first declaration.
With regard to maintaining the independence of the two doctors, I believe that steps would be taken to ensure that as a matter of existing practice. Again, I believe that consistency in the principles and approach with other areas of medicine is important. However, I am open to further discussion with Mr Whittle on that.
I consider Mr Whittle’s amendment 196 and Paul Sweeney’s amendments 254, 255 and 270 to be unnecessary, due to the amendments that I have lodged on training.
I look forward to hearing members’ comments and I will respond to them if appropriate.
I move amendment 65.