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Public Petitions Committee Public Petitions Committee Thursday 21 March 2019 Session 5 © Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Thursday 21 March 2019 CONTENTS Col. CONTINUED PETITIONS ....................................................................................................................................... 1 Mental Health and Incapacity Legislation (PE1667)..................................................................................... 1 Mental Health Support for Young People (Inquiry) ..................................................................................... 16 Bus Services (Regulation) (PE1626) .......................................................................................................... 32 PUBLIC PETITIONS COMMITTEE 6th Meeting 2019, Session 5 CONVENER *Johann Lamont (Glasgow) (Lab) DEPUTY CONVENER *Angus MacDonald (Falkirk East) (SNP) COMMITTEE MEMBERS *Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con) *David Torrance (Kirkcaldy) (SNP) Brian Whittle (South Scotland) (Con) *attended THE FOLLOWING ALSO PARTICIPATED: Maurice Corry (West Scotland) (Con) (Committee Substitute) Clare Haughey (Minister for Mental Health) Hugh McAloon (Scottish Government) Kirsty McGrath (Scottish Government) Teresa Medhurst (Scottish Government) Dr John Mitchell (Scottish Government) Philip Raines (Scottish Government) CLERK TO THE COMMITTEE Sarah Robertson LOCATION The David Livingstone Room (CR6) 1 21 MARCH 2019 2 Notwithstanding the minister’s statement to Scottish Parliament Parliament and her letter to the committee, she is here to give evidence to the committee, which Public Petitions Committee might allow us to draw out some further information on the review. She is accompanied by Thursday 21 March 2019 Teresa Medhurst, deputy director, adult mental health; John Mitchell, senior medical adviser; and Kirsty McGrath, head of the adults with incapacity [The Convener opened the meeting at 09:30] review team. Thank you all for attending. Continued Petitions Minister, given that you delivered your statement to Parliament on Tuesday, do you wish to say anything further by way of an opening Mental Health and Incapacity Legislation statement to the committee? (PE1667) The Minister for Mental Health (Clare The Convener (Johann Lamont): I welcome Haughey): Thank you, convener. With your everyone to the sixth meeting in 2019 of the Public indulgence, I will make an opening statement. Petitions Committee. We have received apologies from Brian Whittle, and Maurice Corry is attending As you mentioned, I announced to Parliament as a committee substitute. on Tuesday that, in order to strengthen support for people with mental health conditions, we will Before we begin, I take this chance to undertake an independent review of the Mental congratulate Maria Lyle, who is part of our clerking Health (Care and Treatment) (Scotland) Act 2003. team and is also a world para athletics Taken together with the on-going work on the championships and Paralympics medallist and has incapacity and adult support and protection had great athletic success at European level as legislation, we now have a comprehensive well. We are very proud of the fact that she won programme of activity that amounts to an the young Scotswoman of the year award last overarching review of the legislative framework week, and we want to pass on our that affects people with mental disorders. congratulations—and take some of the reflected glory—as a committee. The vast majority of people who access mental health services do so on a voluntary basis. We have one item on our agenda this morning, Relatively few people are ever treated for a mental which is consideration of three continued petitions. disorder against their will. If they are, it is because The first is PE1667, by W Hunter Watson, which it is necessary to protect them or other people. calls for a review of mental health and incapacity legislation in Scotland. When we previously People with a mental disorder may also be considered the petition in October 2018, we affected by the Adults with Incapacity (Scotland) agreed to invite the Minister for Mental Health to Act 2000 or the Adult Support and Protection give oral evidence. (Scotland) Act 2007. Depending on their needs, a person may be subject to one, two or all three of Members will be aware that, on Tuesday, in the acts. That may be confusing for the individual advance of today’s evidence session on the and their carers and create barriers for those who petition, the Minister for Mental Health made a care for their health and welfare. Although there statement to the Parliament announcing an have been huge advances in relation to mental overarching review that will examine the full health in terms of treatment and changing social legislative framework that supports and protects attitudes, we have also always been clear that we people with mental disorders. The minister has will continue to keep the changing context under written to the committee with further detail on the review to ensure that our legislation is fit for review. That appears to deliver the action that the purpose. petition calls for and to pick up on the concerns and regular comments of members of this In recent years, there has also been an committee about the number of petitions relating increasing focus in all areas of public life on the to mental health that have come to us recently. importance of protecting and promoting human rights and recognising the rights of people with The petitioner has indicated that he very much disabilities, and that has provided us with an welcomes the minister’s statement and he hopes opportunity to look again at our legislation to to be given an opportunity to respond to the ensure that the rights and protections of those with forthcoming consultation on reform of the Mental a mental disorder are fully respected. Health (Care and Treatment) (Scotland) Act 2003 so that he may raise the many issues that concern The Scottish Government is committed to him. Members have a copy of the petitioner’s bringing change to people’s lives and ensuring email to the clerks to that effect. that mental health is given parity with physical health. The review of the mental health legislation 3 21 MARCH 2019 4 will take that a step further, reaffirming our In your statement on Tuesday, you announced commitment to creating a modern and inclusive the review of the full legislative framework that Scotland that protects, respects and realises supports and protects people with a mental internationally recognised human rights. disorder, which includes the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adults I mentioned that we have already begun work to with Incapacity (Scotland) Act 2000 and the Adult review incapacity law and practice as well as Support and Protection (Scotland) Act 2007. You learning disability and autism under the mental also referred to reviews or other work that will be health legislation, and that we will shortly be undertaken that might improve practice without undertaking work on the adult support and requiring legislative change. This has been protection act. The latest review will build on and addressed in your letter to the committee but, for be complementary to that on-going work, resulting clarity, can you confirm how many separate in an overarching review of the legislative reviews or distinct pieces of work will be taken framework affecting people with mental disorder. forward as part of the overarching review? I want to take a minute to outline the principal Clare Haughey: As you say, work is on-going aim of the review of the mental health legislation, that will feed into the overarching review. There is which is to improve the rights of and protections work on the mental health legislation in relation to for a person with a mental disorder and to remove people with learning disability and autism. There is barriers to those caring for their health and also on-going work on the adults with incapacity welfare. It will do that by reviewing developments act, and we anticipate work on the adult support in mental health law and practice on compulsory and protection legislation. As I said in my opening detention and care and treatment since the Mental statement, people often find their situation Health (Care and Treatment) (Scotland) Act 2003 confusing because they fall under several pieces came into force and by making recommendations of legislation at one time. We need to ensure that that give effect to the rights, will and preferences those workstreams continue and that our work is of the individual by ensuring that mental health, clear and concise, in what is a very complex area. incapacity and adult support and protection Under the chairmanship of the review of the legislation reflects people’s social, economic and mental health legislation, that work will feed into cultural rights, including requirements under the the overall review. United Nations Convention on the Rights of Persons with Disabilities and the European Kirsty McGrath can say more about the on- convention on human rights, and by considering going work on the adults with incapacity act, and the need for convergence of incapacity, mental how we envisage that the future work will fit in with health and adult support and protection legislation. the current workstreams. We intend to announce the
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