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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 26 December 2025
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Displaying 926 contributions

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Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I will pass that question to Katrina McNeill.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

As you point out, dentists’ practices that provide NHS services are covered by NHS regulations. Therefore, we would expect permitted premises to be hygienic and adequately staffed, in line with what we would expect of NHS inspected, registered and regulated premises.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Thank you for raising that question, because I know from watching the evidence that the definition of supervision is playing on a lot of people’s minds.

As I highlighted in my opening statement, we have not included specific provisions on that in the bill, because we are still in discussions with the UK Government on the United Kingdom Internal Market Act 2020. It is the view of the Scottish Government that part 3 of that act would be engaged by legislation that set training standards in this area. We want to ensure that we have the right conversations and make the right decisions about training and supervision. That is covered under section 5 of the bill, which will allow us to make secondary legislation on such matters.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Our conversations and work with the UK Government have been progressing. Both the Department for Business and Trade and the Department of Health and Social Care are involved. I will write to the UK Government, probably later this week, to see how we can make progress. Sadly, however, one of the unintended consequences of UKIMA is that we can no longer make specific decisions on public health that we could have made when we were part of the European Union.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I am sorry, I did not hear your question; you were speaking from behind your hand.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I will ask Rachel Coutts to answer that from a legal perspective.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Thank you. I am pleased that, in the bill, we are also considering two amendments to the Certification of Death (Scotland) Act 2011, to extend the right to request an interested person review and to amend the provision concerning the authorisation of cremation in Scotland when the death has occurred elsewhere.

The extension of the interested person reviews set out in the 2011 act represents an important step in strengthening public confidence in the death certification process by allowing all relatives equal standing in being able to request an interested person review. Medical reviewers already undertake randomised reviews to improve the quality and accuracy of medical certificates of cause of death, but where such a review has taken place, an interested person review cannot then be carried out. The amendment allows individuals with a legitimate connection, such as family members, healthcare professionals or funeral directors, to request a detailed review where they believe further scrutiny is warranted. It will mean that interested persons can request a review, irrespective of whether a medical certificate of cause of death has been randomly selected for review already.

11:00  

With the bill enabling further targeted reviews, all bereaved families will have the same right to request a review. The system will be more transparent and responsive, ensuring that specific issues can be examined thoroughly and sensitively. Ultimately, this amendment will enhance accountability and provide an additional safeguard to reassure the public and professionals who are involved in end-of-life care.

On the other amendment set out in the bill, section 18 of the 2011 act currently applies to deaths that occur “outwith Scotland”. That includes deaths that occur in other parts of the UK, thereby creating a legal requirement for medical reviewers to authorise cremation in Scotland where a person has died in England, Wales or Northern Ireland. Other UK nations have robust procedures in place for death certification and apply relevant checks, and it is appropriate for those procedures to be respected in cases in which it is intended for the deceased to be cremated in Scotland. The amendment set out in the bill will remove the need for medical reviewers to authorise cremation where a death occurs in another part of the UK, thus recognising the reciprocal checks in other parts of the UK and avoiding unnecessary duplication of work.

The extension of interested person reviews and the amendment to section 18 of the 2011 act reflect our continued commitment to clarity, transparency, and public trust in the death certification process. The changes will not only strengthen safeguards for families and professionals but ensure that our legislation recognises existing robust checks and procedures and is responsive to real-world practice.

I therefore propose that the committee recommend the extension of interested person reviews and the amendment concerning the authorisation of cremations in Scotland where the death has occurred outwith Scotland, and I look forward to answering any questions that the committee might have.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Public awareness is one of the most important things that every one of us, as elected representatives in Scotland, can support the Scottish Government and the public with. It is important that people understand the possible negative outcomes of receiving such treatments from unregulated practitioners, which I will certainly focus on if the bill is passed.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

That is a really interesting question, Mr Harvie. I envisage that any messaging that comes from a public health perspective will display the negative aspects and the risk of doing something.

I am just thinking back to our work on the UK Tobacco and Vapes Bill with regard to ensuring—this is perhaps what you are getting at—that the onus is on manufacturers to provide such information on their packets. It is a really interesting concept and a way forward that we can certainly explore.

Health, Social Care and Sport Committee [Draft]

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

The bill gives HIS the powers to enter unregulated settings if specific complaints have been made or if evidence has been given to it. With regard to resourcing, we expect, as I said to the convener, Healthcare Improvement Scotland’s regulatory services to be financially self-sustaining—that is part of our on-going conversations.

I do recognise your point—an unregulated business would not be paying for the regulatory people. Therefore, I am content to look at that and bottom it out if we get through stage 1 and move towards stage 2.