Committee
Health Committee, 25 Apr 2006
25 Apr 2006 · S2 · Health Committee
Item of business
Adult Support and Protection (Scotland) Bill
Jude Payne:
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That is another point that needs to be clarified. I should point out that the definition also includes "mental disorder", which presumably would cover mental illness.
In the same item of business
The Convener:
SNP
Item 2 is on the Adult Support and Protection (Scotland) Bill. Prior to commencing our consideration of the bill, we will hear a briefing from the Scottish P...
Jude Payne (Scottish Parliament Directorate of Access and Information):
I have been asked to provide members with a brief overview of the measures proposed in the bill, the background to them and some of the issues that have been...
Kate Maclean (Dundee West) (Lab):
Lab
How many respondents were unhappy about the word "vulnerable" being used? My understanding of the definition of that word is that it does not necessarily re...
Jude Payne:
You would probably need to ask the bill team that. I do not think that the team discussed that in their analysis, although I picked up on the issue when read...
Kate Maclean:
Lab
I imagine that the reference to "illness" in the definition of "adults at risk" in section 3 covers mental illness. Does it include alcoholism, drug addictio...
Jude Payne:
That is another point that needs to be clarified. I should point out that the definition also includes "mental disorder", which presumably would cover mental...
Kate Maclean:
Lab
Right. Would the reference to "abuse" in section 3(1)(a) cover cases in which a person was prevented from seeking necessary medical intervention, financial a...
Jude Payne:
The bill refers to "psychological abuse" and to"theft, fraud, embezzlement and extortion".However, I do not think that that answers your question. We will ne...
The Convener:
SNP
Kate, are you suggesting that the term "abuse" should be extended to cover the denial of provision of certain services?
Kate Maclean:
Lab
I was wondering whether "abuse" covered cases in which an adult was persuaded not to seek—or was prevented from seeking—medical intervention or certain finan...
Janis Hughes (Glasgow Rutherglen) (Lab):
Lab
Towards the end of your briefing, Jude, you mentioned the bill's definition of the age of a child. The committee has discussed that very issue in other guise...
Jude Payne:
No.
Janis Hughes:
Lab
What did you say needs to be done in that respect?
Jude Payne:
The Executive has argued that the definition of "adult" is the same as that in the Adults with Incapacity (Scotland) Act 2000. However, those who feel that a...
Janis Hughes:
Lab
What would be the downside if this bill did not dovetail with POCSA?
Jude Payne:
I am not sure. We would have to ask witnesses about their concerns on that matter. I imagine that the Executive will argue that it is up to agencies to use t...
Janis Hughes:
Lab
And, of course, the relevant age will change depending on the legislation.
Jude Payne:
Yes.
Dr Jean Turner (Strathkelvin and Bearsden) (Ind):
Ind
I, too, was worried about the definition of a child's age.I agree that, from a practical point of view, there needs to be legislation on this matter, but I t...
The Convener:
SNP
Jean, I wonder whether you could ask a question that Jude Payne has a reasonable chance of being able to answer.
Dr Turner:
Ind
The bill might well cover the issue that I raised, but I found it difficult to see where.
Jude Payne:
Some respondents raised exactly that issue in the previous consultation, but you will need to ask the bill team about it.
Dr Turner:
Ind
I suppose that it all depends on evidence.Kate Maclean touched on the issue of property. I know of a constituency case in which a person was put in a vulnera...
Jude Payne:
What I can say is that the definition of abuse includes"any other conduct which causes fear, alarm or distress or which dishonestly appropriates property."
Kate Maclean:
Lab
On page 15 of your briefing there are three definitions of "vulnerable". The third one is the one that I favour and the one with which most people agreed—52 ...
Jude Payne:
That is one of the issues that I identified.
Shona Robison (Dundee East) (SNP):
SNP
You mentioned the discussion about undue pressure. Am I right in understanding that work is still being done on that, or did you say that there is a definiti...
Jude Payne:
There is a definition.
Shona Robison:
SNP
What page is it on?
Jude Payne:
It is in section 32. It is more of a clarification of what can constitute undue pressure; that is how it is explained in the policy memorandum. You will find...