Questions and answers

Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for ��˿�� to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-22468

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 02 April 2019
Current Status: Answered by Clare Haughey on 17 April 2019

To ask the Scottish Government whether it plans to amend the code of practice for the Adults with Incapacity (Scotland) Act 2000 so that it no longer permits the use of covert medication.

Our mental health legislation promotes patients’ rights and provides safeguards and provides for support to patients in expressing their will and preferences. The principles include that any function should be carried out for the maximum benefit of the patient, with the minimum necessary restriction on the freedom of the patient and having regard to the views of the patient.

Covert medication must never be given to someone who is capable of deciding about medical treatment. In the case of adults, there is a presumption in favour of capacity and individuals must be supported to enable decision-making so far as possible. Individuals should be given as much information as possible to enable them to make a decision regarding medical treatment.

The Code of Practice which accompanies the Adults with Incapacity (Scotland) Act 2000 explains that the use of covert medication is permissible in certain, limited circumstances e.g. to safeguard the health of an adult who is unable to consent to the treatment in question, where other alternatives have been explored and none are practicable. Practitioners are also referred to guidance documents covering Consent to Treatment and Covert Medication. We have though been looking to reform AWI legislation and are proceeding with a comprehensive programme of non-legislative changes to practice and guidance. We are developing a strategy for supported decision-making to enable people with impaired capacity to have the support they need to make their own decisions about their life and care, we will provide a comprehensive training programme for professionals across health, social care and the law, we are improving the provision of support for guardians and attorneys and we are revising the current codes of practice and guidance to provide clarity on the law as it stands.

Question reference: S5W-22467

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 02 April 2019
Current Status: Answered by Clare Haughey on 17 April 2019

To ask the Scottish Government what its position is regarding whether the (a) covert administration of medication and (b) use of chemical restraint is compatible with the Convention on the Rights of Persons with Disabilities.

As you are aware, we are taking forward work in order to strengthen support for people with mental health conditions and have committed to undertake an independent review of the Mental Health Act. Taken together with the ongoing work on capacity and adult support and protection legislation, we now have a comprehensive programme of activity amounting to an overarching review of the legislative framework affecting people with a mental disorder.

The principal aim of the review of the Mental Health Act is to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare. It will do this by:

reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health Act came into force;
making recommendations that gives effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people’s social, economic and cultural rights including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and European Convention on Human Rights (ECHR) requirements; and
considering the need for the convergence of incapacity, mental health and adult support and protection legislation.

All the legislative review work will consider what is needed to address any incompatibilities with UNCRPD and ensure Scotland continues to meets its international commitments.

Question reference: S5W-22349

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 26 March 2019
Current Status: Answered by Clare Haughey on 17 April 2019

To ask the Scottish Government what the (a) average and (b) longest waiting time has been for accessing one-to-one cognitive behavioural therapy in each year since 2007, broken down by NHS board.

Question reference: S5F-03235

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 01 April 2019
Current Status: Taken in the Chamber on 4 April 2019

To ask the First Minister whether she will provide details of the scope and remit of the Scottish Government's new task force to tackle drug deaths.

Question reference: S5W-22201

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 March 2019
Current Status: Answered by Jeane Freeman on 1 April 2019

To ask the Scottish Government how many people being considered for proton beam therapy (PBT) have been referred by the Scottish Panel (Scottish Non Standard Radiotherapy Advisers) for recommendation to forward application to UK Panel in each of the last three years.

Question reference: S5W-22202

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 March 2019
Current Status: Answered by Jeane Freeman on 1 April 2019

To ask the Scottish Government how many cases referred for proton beam therapy in each of the last three years have been (a) approved and (b) refused.

Question reference: S5W-21994

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 March 2019
Current Status: Answered by Jeane Freeman on 1 April 2019

To ask the Scottish Government what plans it has to reduce reported geographical inequalities in relation to the availability of access to blood cancer treatments.

Through our £100 million cancer strategy, we aim to provide people with any form of cancer equitable access to services for the diagnosis and treatment of their particular disease; the strategy contains specific actions aimed at improving access to treatment (medicines, high quality surgery and radiotherapy) and ensuring that the pathway to care is as equitable as possible across Scotland.

The Scottish Government is currently implementing recommendations from the Montgomery Review of Access to New Medicines to optimise access for Scottish patients to new medicines. This includes improved transparency of decision making by the Scottish Medicines Consortium, better clinician-patient engagement in decision making and developing a new ultra-orphan pathway. We are also looking at what improvements can be made to maximise opportunities for access to off-label drugs for those with cancer.

Health boards are expected to take a person-centred approach to care. This includes discussing what matters most to the patient. Anyone with a cancer diagnosis should discuss their treatment needs with the clinical team responsible for their care to ensure they access the best treatment for them. All NHS Scotland Health boards have appropriate mechanisms in place to enable people to access the treatment that they need, whether in Scotland or elsewhere in the UK.

Question reference: S5W-22203

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 March 2019
Current Status: Answered by Jeane Freeman on 28 March 2019

To ask the Scottish Government how much it has spent on refereeing people for proton beam therapy in (a) the rest of the UK and (b) overseas in each of the last three years.

Question reference: S5W-22094

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 March 2019
Current Status: Answered by Clare Haughey on 26 March 2019

To ask the Scottish Government when it expects that the process of reforming Scottish mental health legislation to ensure its compliance with the Convention on the Rights of Persons with Disabilities to begin.

I refer the member to my statement in Parliament on 19 March 2019, which announced that the Scottish Government will undertake a review of the Mental Health (Care and Treatment) (Scotland) Act 2003. Along with ongoing work on incapacity and adult support and protection legislation, this overarching review will examine the full legislative framework that supports and protects people with a mental disorder:

Question reference: S5W-22096

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 March 2019
Current Status: Answered by Jeane Freeman on 26 March 2019

To ask the Scottish Government what action it considers an individual should take if he or she is profoundly dissatisfied with the treatment of a loved one by the NHS.

The new NHS Complaints Handling Procedure (CHP) was introduced across Scotland from 1 April 2017. The revised procedure is intended to support a more consistently person-centred approach to complaints handling across NHS Scotland. It brings a much sharper focus to the early, local resolution of complaints, wherever that’s appropriate, and brought the NHS into line with other public service sectors by introducing a distinct, five working day stage for early, local resolution, ahead of the 20 working day stage for complaint investigations. When that is not possible the Scottish Public Services Ombudsman (SPSO) is the second and final stage in the complaints process.

When a person has concerns about NHS treatment or care this should be addressed at a local level through the (CHP). The Patient Rights (Scotland) Act 2011 and supporting legislation, provides a specific right for people to make complaints, raise concerns, make comments and give feedback to NHS Boards. The Act also places a duty on NHS Boards to thoroughly investigate and respond to any concerns raised, to take improvement actions where appropriate and to share learning from the views they receive. Where an individual remains dissatisfied with the outcome of the CHP investigation, the Scottish Public Services Ombudsman (SPSO) is the second and final stage in the complaints process.