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Health Committee

Health Committee calls for “Fundamental Changes” to Executive Bill

CHEAL008/2006 | 10 November 2006

The Scottish Parliament’s Health Committee has demanded fundamental changes to draft Executive legislation in order to ensure the proper protection of vulnerable adults in Scotland.

The committee has supported the general principles underpinning the Adult Support and Protection Bill – to prevent abuse of older and vulnerable people – but only on condition that substantial amendments are made to the Bill.

The committee report argues that “the Bill has the potential to fill a gap in the current legislative framework. However, key definitions within it, and its relationship with existing legislation are problematic. The Committee believes that fundamental changes are necessary if it is to be a useful and effective piece of legislation.”

The committee convener, Roseanna Cunningham, commented:

“The committee has major concerns over the Bill and in particular the new powers which, in certain circumstances, permit adults at risk to be removed from their homes against their will. This raises fundamental issues about the balance between the reach of the state in its duty to protect, as against the rights of the individual.

“The committee recognises that a number of issues have only emerged during the course of evidence-giving and welcomes the flexibility indicated by the Executive. Nevertheless, given the serious nature of these concerns, the committee feels that if it is to have confidence in the workability of the Bill it requires firm commitments on proposed changes from the Minister during the debate on the Bill.”

The Committee has called for the following amendments to be made to the Bill:

• the definition of who is covered by it should be amended so that it is not so all-encompassing and discriminatory in terms of those with disabilities;

• the term ‘abuse’ should be removed from the Bill and replaced with a less pejorative term so that it does not stigmatise and alienate those who have perhaps been doing their best and may only be guilty of benign neglect;

• the Bill should be amended so that it does not override rights already established in other laws;

• in order to reduce the risk of challenge under the European Convention of Human Rights there should be a right of appeal against removal orders;

• the definition of the person who has the power to remove someone from their home against their will should be made more specific than ‘a council officer’;

• the test which a Sheriff must apply before removing someone against the wishes of the adult at risk should be tightened.

The committee report explains:

“On the one hand this part of the Bill (Part One) contains specific provisions – in particular the power to gain access to premises to assess whether someone is being abused - which could be genuinely useful and help to counter the abuse of vulnerable people, especially the elderly. This power has been widely welcomed as filling a gap in existing legislation.

“On the other hand this part of the Bill is very widely drawn indeed - encompassing as it stands potentially every adult member of the population at some stage of their life. In addition a number of the groups that the Bill is intended to help, in particular disability groups, are opposed to it and they have raised some serious issues in evidence before the Committee.”

Notes

The Scottish Executive introduced the Adult Support and Protection (Scotland) Bill on 30 March 2006. The Health Committee issued an open call for evidence and received responses from over 50 organisations and individuals. In September it considered oral evidence from 45 individuals. Members also undertook three meetings with groups of vulnerable adults, including the elderly and those with physical and mental disabilities.

Members of the Health Committee are: Convener - Roseanna Cunningham, Deputy Convener - Janis Hughes, Helen Eadie, Kate Maclean, Duncan McNeil, Nanette Milne, Shona Robison, Euan Robson and Jean Turner.

Copies of the Report, including an overview summary of conclusions and recommendations, are published on the Parliament’s website. View the report

The contact for members of the media is:

Elaine Mitchell: 0131 348 6245
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E-mail: elaine.mitchell@scottish.parliament.uk

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