Scottish Public Affairs Update – April 2024

Scottish Government

Power-sharing deal between SNP and Scottish Greens ends

On 25 April First Minister Humza Yousaf confirmed that the power-sharing deal (Bute House agreement) between the SNP and the Scottish Green Party had ended with immediate effect. The SNP has now formed a minority government and the two Scottish Green MSPs (Patrick Harvie and Lorna Slater) who held ministerial posts under the agreement are no longer in position. 

Following the announcement, Scottish Conservative leader Douglas Ross announced that he is lodging a vote of no confidence in Humza Yousaf. 

Mental Health and Capacity Reform Programme

BPS member representatives continue to participate in workstreams as the Scottish Government takes its reform proposals forward. Activity includes attending Scottish Government workshops addressing the definition and scope of "mental disorder" within the Mental Health Act, in relation to Personality Disorder; Learning Disability (civil and forensic); and Dementia.

Other early priorities for the reform programme on which BPS will be sharing views include:

• Adults with Incapacity Law reform
• Supported Decision Making
• Reducing Coercion

Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan Implementation

BPS will keep members updated on our engagement with the Scottish Government and wider stakeholders as the various strands of work outlined in the Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan are implemented. 

Key areas of focus include:

• Recruitment and retention
• Data
• Mental Health Law Reform
• Psychological Therapies Specification
• Children and Young People
• Forensic
• Neurodiversity and learning disabilities
• Stigma

New MDT to examine Cass Review clinical recommendations

In a statement to the Scottish Parliament on 23 April, Jenni Minto, Scottish Government Minister for Public Health, announced that a new multi-disciplinary clinical team within the CMO Office in the Scottish Government will assess the clinical recommendations of the Cass Review and how they may apply to NHS Scotland. 

The team will engage with the relevant clinical community and leadership in Health Boards and the CMO will provide a written update to Parliament on the outcome of that clinical consideration process before the Summer Recess.

Minto also reiterated the Scottish Government's commitment to continuing work to develop new National Standards for Gender Identity Healthcare, due for publication in the summer.

Scottish Parliament

Victims, Witnesses and Justice Reform (Scotland) Bill 

The Stage 1 debate on the general principles of Victims, Witnesses and Justice Reform (Scotland) Bill and on the conclusions and recommendations of the Criminal Justice Committee's Stage 1 report on the Bill took place on 23 April 2024. The government issued its response to the report in advance of the debate.  

The Parliament agreed to the general principles of the Bill at Stage 1, so the Bill has now moved to Stage 2 (amendment stage). 

BPS received mention in the Criminal Justice Committee's Stage 1 report (p136), in relation to the Bill's proposal to provide automatic statutory protection for the anonymity of complainers in sexual and related offence cases: 

A point was made in the written submission [here] from the British Psychological Society that "The rights and freedoms of victims are affected should their name become released into the public domain. This can lead to social stigma, re-traumatising as well as act as a barrier to justice." 

The BPS will continue to monitor developments as the Bill progresses. 

Assisted Dying for Terminally Ill Adults (Scotland) Bill  

On 27 March 2024, Liam McArthur MSP (Liberal Democrat) introduced his Assisted Dying for Terminally Ill Adults (Scotland) Bill to the Scottish Parliament. It would allow terminally ill adults (16 and over) in Scotland who meet specific eligibility criteria, to voluntarily and lawfully request – and be provided with – assistance by health professionals to end their own life. 

The Bill addresses capacity, including that if either doctor is unsure about the person's illness and/or capacity to request an assisted death, the person can be referred to an appropriate specialist (such as a specialist in the particular disease, illness or condition, or to a psychiatrist or psychologist or other mental health expert) to give an opinion which must be taken into account.  

The BPS will be monitoring the progress of the Bill and keep members updated.

The National Care Service (NCS)

The National Care Service (Scotland) Bill is now at Stage 2 when MSPs propose amendments to the Bill. 

As highlighted in an earlier update, the Scottish Parliament's Health, Social Care and Sport Committee Stage 1 report on the Bill detailed concern raised by witnesses and respondents at the lack of clarity regarding the precise extent of inclusion of mental health services within the NCS and how these services would interact with NHS services; and how information would be shared with all key delivery partners in relation to mental health records.

Significant changes are proposed for Stage 2 of the Bill, reflecting the government's plans for:

• Local Authorities to retain responsibility for all current functions and the delivery of social work and social care services and there will be no transfer of staff or assets.
• Reforming Integration Authorities (IAs) rather than creating new Care Boards
• The establishment of a National Care Service Board

The BPS will keep members updated as the Bill progresses.

Open consultations

Restricting promotions of food and drink high in fat, sugar or salt – proposed regulations: consultation

The Scottish Government is consulting on the details of proposed regulations to restrict the promotions of food and drink high in fat, sugar or salt (HFSS) at the point of purchase, both in-store and online.

To inform the BPS response, please send your views to [email protected] by 7 May 2024.

Recent BPS consultation responses

Scottish Government's Learning Disabilities, Autism and Neurodivergence (LDAN) Bill consultation

BPS submitted a response to the Scottish Government consultation on its Learning Disabilities, Autism and Neurodivergence Bill. In it, we emphasise that overall priorities for the LDAN Bill must include ensuring that definitions are clear; there is supported decision-making; there are clear duties on public services to ensure equal and equitable access to all services; and clear actions to end out of area placements and inappropriate detention in hospital.

Scottish Government consultation: Ending Conversion Practices in Scotland  

BPS submitted a response to the Scottish Government consultation on Ending Conversion Practices in Scotland. BPS welcomes the government's proposals to introduce legislation to end conversion practices in Scotland – and the specific safeguards included for health professionals acting in accordance with professional and ethical guidelines. 

View all open and closed Consultations and briefings.

Contact

For further information on any of the above, or to discuss wider BPS public affairs and policy work in Scotland, please contact [email protected].