Meeting of the Parliament 11 March 2026 [Draft]
I associate myself with Jamie Greene’s comments, which I absolutely agree with, but I note that amendment 44 would not put those details in the bill. It would be a regulation-making power. Amendment 70, which is a consequential amendment, would ensure that such regulation was subject to the affirmative procedure.
For clarity, on the Scottish Government’s concerns, it asked what would be meant by “management” in such circumstances—would it be clinical care or other forms of care or wellbeing? The meaning would be much wider, in my view. It would not be an administrative process, as the Government suggested it could be. Other amendments to the bill are about the recording of instances of things that are covered by provisions. I have not defined “management”, but it would be management of the individual’s wellbeing. I have not defined “management” for exactly the same reasons as the Scottish Government been concerned about legislative competence.
I do not think that amendment 44 will raise issues of legislative competence in relation to the regulation of healthcare professionals, and that is not my intention. I would expect the Scottish Government to consult on and develop the regulations with greater certainty, and not to introduce regulations that also regulate healthcare professionals. If I am clear that we cannot regulate healthcare professionals, and the Government is clear that we cannot regulate healthcare professionals, let us agree to the amendment and bring forward regulations that are competent.