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Plenary, 14 Nov 2001

14 Nov 2001 · S1 · Plenary

Item of business

Mental Health Law

Lyon, George LD Argyll and Bute Watch on SPTV

I, too, congratulate the minister on the announcement of her pregnancy—there has certainly been consensus on that today.

There has been consensus throughout the debate—few queries or concerns have been raised. As many contributors have said, this is the first fundamental review of mental health law in Scotland for more than 40 years. Reform is much needed to reflect the development and evolution of community-based mental health services, the greater involvement of service users and carers in decisions concerning treatment, and the greater awareness of the need to respect human rights. What the reform will show is that there has been a positive step change in the way in which we deal with mental illness.

On the basic principles, everyone agreed with the minister that the key principles underlying the new mental health bill—equality, diversity, participation, respect for carers and reciprocity—are important. The fundamental aim is to make the law clear on when and why compulsion might be needed. The new system of mental health tribunals to replace the use of sheriff courts has been widely welcomed. Many members highlighted the stigma that is currently associated with having to go to the sheriff court for orders. The new mental health tribunals should take away some of that stigma.

The minister highlighted the fact that this piece of legislation will be complemented by the criminal justice bill that is to be introduced. The SNP expressed support for the bill and the motion before us. The view was expressed by almost all members that the new legal framework alone will not deliver better services; proper services need to be put in place to ensure that service provision is there to meet the requirements of the bill. Nicola Sturgeon highlighted the question of advocacy. I would appreciate some clarification from the minister on whether the right to advocacy will be part of the proposed legislation.

Mary Scanlon highlighted reciprocity as the key issue, and the need for compulsion to take treatment to be matched by the proper resources to meet the needs of the patient. She highlighted an important issue that was mentioned by one or two other members: the need for clarification on how the Executive intends to set up proper monitoring of whether patients actually receive the treatment and services that they require after the compulsory treatment orders are put in place. I hope that the minister can explain how that monitoring will take place, what the sanctions might be and what recourse to action the patient would have if their needs were not being met and the proper service provision was not being put in place.

Margaret Smith highlighted the fact that 30 per cent of consultations are about mental health problems. That reflects the underlying problems throughout the population. However, as Robin Harper said, it is not a subject that is discussed around the dinner table. It is one of the few taboo subjects still left in society.

Margaret Jamieson raised some excellent points about the stigma attached to mental illness and about the need for better education and better understanding of the problems. Again, that is related to what Robin Harper said about our inability to discuss mental illness openly. It is still seen as a stigma for any member of one's family to have such an illness.

Margaret Ewing paid tribute to Bruce Millan, an ex-colleague at Westminster. We would all agree with the sentiments that she expressed. Bruce Millan's report is a good basis from which to start.

Finally, I pay tribute to David Davidson, who gave a heart-rending contribution. On behalf of the Liberal Democrats, I extend our sympathies and sorrows to him. I hope that he and his family manage to see their way through the problems that his daughter has faced.

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Plenary, 14 Nov 2001

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