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Chamber

Plenary, 14 Nov 2001

14 Nov 2001 · S1 · Plenary
Item of business
Mental Health Law
Robison, Shona SNP North East Scotland Watch on SPTV
The debate has been productive and worth while. There has been much agreement and we are extremely pleased that the SNP's amendment has been accepted. Long may the trend continue.

The debate is important in many ways, not least because although mental health is one of the Government's key clinical priorities it is still the poor relation in respect of attention and resources. There is a real stigma associated with mental health—Margaret Jamieson articulated that point extremely well. I support her call for a public education process to tackle that stigma.

Renewing mental health law builds on many of the Millan committee recommendations and will—as has been said often this afternoon—lead to a major improvement in the legislation that underpins how mental health services are delivered in Scotland. We must ensure that adequate resources are provided to back up the principles and intention behind legislation.

The tribunal system has been widely and rightly welcomed as an important change. It will take people away from the sheriff court system, which has stigmatised service users as criminals.

The new right that gives service users and carers a right to request an assessment is an important development. Janis Hughes spoke well of the need for support for carers. I was struck by her comment that the working time directive does not apply to those who care 24 hours a day, 365 days a year—that will stay with me.

Community-based compulsion is a contentious issue. There is continuing concern about the extension of compulsion into the community. Richard Simpson spoke about the reasons for concern. The Millan committee received a range of views on the matter and acknowledged that it would be one of the most controversial elements of the proposals. SAMH is concerned about the new community orders which, if not used appropriately, could reduce the rights of service users. The key is appropriate use. We must explore that issue during the Health and Community Care Committee's evidence-taking sessions.

I am concerned about the impression that has been given of the right to advocacy being watered down to a duty. I hope that the minister will give reassurances that there will be no watering down. Brian Adam outlined the importance of collective advocacy. Patients councils are important. The Executive should consider the Dutch model, in which there is a statutory duty to provide patients councils in every psychiatric hospital. We can learn from that.

Resources are the key to the success or otherwise of the legislative changes. The Millan committee could not consider funding issues, but it highlighted the need for good services. It has already been said that in Scotland, unlike in England, mental health services lost the capital receipts from the sale of psychiatric hospitals. Members know of the difficulties of resource transfer moneys disappearing into the mist and never reappearing to develop the community-based services that are required. We must consider how that happens and try to stop it happening in the future.

SAMH has said that the principle of the least restrictive alternative will not be meaningful in practice unless a full range of services is available, including crisis services and other services based in the community. Many examples have been given of the need for properly resourced services. Kenny Gibson highlighted the need for specialist services for survivors of childhood sexual abuse and expressed concern about the lack of such services. Des McNulty gave the example of a constituent who had experienced a lack of care. I associate myself with the views of John McAllion on the problem in Tayside, where there were cuts in mental health services to the tune of £500,000. Those cuts included the loss of community psychiatric nurses.

One of the few eating disorders services, which is based at the Murray royal hospital, is under threat. It is one of the few day and in-patient services that are operated by the NHS for people with anorexia. We do not need to listen to my views on that issue—David Davidson gave a personal account of how important specialist services are for people with anorexia. I hope that the minister will consider the future of the service at the Murray royal hospital because it is valued by the people who use it and their families.

I look forward to the production of a mental health bill, which will come to the Health and Community Care Committee. A range of evidence will be given. Given that one in four of us is likely to suffer mental health problems at some stage in our lives, the investment of time by the Parliament is absolutely crucial to ensure that mental health receives the recognition and resources that it deserves.

In the same item of business

The Presiding Officer (Sir David Steel): NPA
The next item of business is a debate on motion S1M-2438, in the name of Susan Deacon, on renewing mental health law, together with an amendment to that moti...
The Minister for Health and Community Care (Susan Deacon): Lab
I am pleased to speak to the motion and proud to lead a debate on such an important issue.This afternoon we are debating the Executive's proposals for renewi...
The Presiding Officer: NPA
Before I call Nicola Sturgeon to move her amendment, once again I ask those who wish to take part to press their request-to-speak buttons, because I have to ...
Nicola Sturgeon (Glasgow) (SNP): SNP
I welcome today's debate. I have no doubt that there will be considerable consensus across the chamber about the Scottish Executive's proposals. I agree with...
The Presiding Officer: NPA
Before I call the representatives of the other two parties, I advise members that the time limit on back-bench speeches will be five minutes.
Mary Scanlon (Highlands and Islands) (Con): Con
As our business today started with a mention of the patron saint of mothers, on behalf of the Scottish Conservatives, I congratulate the Minister for Health ...
The Presiding Officer: NPA
I do not think that it is an arrival as yet. Is it an arrival?
Mary Scanlon: Con
Did you not know, Presiding Officer? I am not implying anything saintly about the minister, but I am delighted about the news of her new arrival.We are delig...
Mrs Margaret Smith (Edinburgh West) (LD): LD
I congratulate the minister on her impending happy event and pay tribute to the lengths to which she is prepared to go to scrutinise Scotland's maternity ser...
Margaret Jamieson (Kilmarnock and Loudoun) (Lab): Lab
Many members will be aware that, over many years in my previous employment, I gained much experience of mental health services in Scotland, particularly in t...
Mr Kenneth Gibson (Glasgow) (SNP): SNP
I am pleased that the minister has now decided to join my campaign to reverse Scotland's declining birth rate. I wish her all the very best over the coming m...
Janis Hughes (Glasgow Rutherglen) (Lab): Lab
I want first to echo the sentiments that the minister expressed in her speech and to add my support to the motion that is before us.One in four people in Sco...
Lord James Douglas-Hamilton (Lothians) (Con): Con
I wish the Minister for Health and Community Care continuing good health.We can welcome the Executive's policy statement with commitment and enthusiasm, beca...
Mrs Margaret Ewing (Moray) (SNP): SNP
I feel as though I am participating in a discussion rather than in a debate; I am pleased about the consensual approach that the Parliament is adopting on th...
Des McNulty (Clydebank and Milngavie) (Lab): Lab
Like others, particularly Margaret Ewing, I very much welcome today's debate on what is an important subject. The Parliament's second bill on mental health w...
Robin Harper (Lothians) (Green): Green
I add my congratulations to the minister on her impending good news. My business manager gave birth to a fine bouncing baby last month; I am sure that she wo...
Dr Richard Simpson (Ochil) (Lab): Lab
I declare that I am still a fellow of the Royal College of Psychiatry and I am a member of SAMH.The Millan report is a patient, thorough and comprehensive re...
The Deputy Presiding Officer (Mr George Reid): SNP
From now, speeches are down to four minutes.
Stewart Stevenson (Banff and Buchan) (SNP): SNP
Presiding Officer, thank you for chopping off the last page of my speech.I join the prevailing consensus in the chamber and welcome the Millan report and the...
Mr David Davidson (North-East Scotland) (Con): Con
Members will be well aware of this week's coverage of my daughter Suzy's current problems with an eating disorder. I therefore intend to talk principally abo...
Brian Adam (North-East Scotland) (SNP): SNP
I will address two matters, one of which is advocacy, to which others have referred. Individual advocacy has been discussed, and I do not doubt that the mini...
Mr John McAllion (Dundee East) (Lab): Lab
In the spirit of consensus that is prevailing today, I will begin by welcoming all the speeches that have been made during the debate. In particular, I want ...
George Lyon (Argyll and Bute) (LD): LD
I, too, congratulate the minister on the announcement of her pregnancy—there has certainly been consensus on that today. There has been consensus throughout ...
Ben Wallace (North-East Scotland) (Con): Con
The Scottish Conservatives welcome the opportunity to debate the proposals for new legislation on mental health. Mary Scanlon underlined our commitment to th...
Shona Robison (North-East Scotland) (SNP): SNP
The debate has been productive and worth while. There has been much agreement and we are extremely pleased that the SNP's amendment has been accepted. Long m...
The Deputy Minister for Health and Community Care (Malcolm Chisholm): Lab
The debate has been excellent and, as Margaret Ewing put it, a shining example of what the Parliament is about.There have been continual references to the wi...