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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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 adult protection measures should dovetail with POCSA have argued that there should be uniformity between this bill and that legislation. It all comes back to your important point about the definition of the age of a child not being uniform across all legislation.
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...