Adult Support and Protection (Scotland) Bill

Part of the debate – in the Scottish Parliament at 3:59 pm on 15 February 2007.

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Photo of Nanette Milne Nanette Milne Conservative 3:59, 15 February 2007

As we know, the reason for the bill is the need for an overall framework of support and protection for adults who are at risk of harm. It is complementary to the Adults with Incapacity (Scotland) Act 2000 and to the Mental Health (Care and Treatment) (Scotland) Act 2003, and it should plug the gaps that have been identified in those acts.

Like others, I was at the outset rather sceptical about whether the bill was needed, but the evidence that was given to the Health Committee at stage 1 convinced me that it is necessary, so I supported the general principles of the bill at that time but shared the committee's concerns about many aspects of part 1. In such legislation, there is clearly a need to strike the right balance between the state's power to intervene in a person's life—as part of its duty to protect vulnerable people who are at risk—and the right of those people to their chosen lifestyle. As a result, the committee highlighted several areas in which changes were essential if the bill was to become acceptable and effective legislation.

I am grateful that the minister paid heed to the committee's concerns and, as he promised, lodged at stages 2 and 3 acceptable amendments to take account of most of those concerns. In particular, he has tightened up the definition of an adult at risk of harm; that has been done in response to the concern that was expressed by representatives of people with disabilities that the proposed legislation could threaten the autonomy of people who have fought hard for their independence and who fear losing it if it is perceived that they are unable to cope. Enable Scotland does not think that the minister has gone far enough in tightening up the definition, but I am satisfied that it is unlikely that the amended bill will compromise the autonomy of people with disabilities who live independently. I am also pleased that the amended bill will not allow the definition to be amended by subordinate legislation.

The replacement of the word "abuse" by the word "harm", the inclusion of the same right to advocacy services that exists under the Mental Health (Care and Treatment) (Scotland) Act 2003, the tightening up of the definition of a council officer who can gain entry to premises and the clarification that granting an order against the consent of an adult at risk is indeed a last resort, have all dealt with the committee's concerns and made the proposed legislation acceptable. One of my remaining concerns is that the minister has not so far responded to the Health Committee's recommendation that no one should be removed from their home without appropriate care and accommodation being available. I would welcome his responding to the effect that he will deal with that matter outwith the primary legislation.

Parts 2 and 3 will simplify and streamline the protection of adults with incapacity in respect of welfare and of management of their finances and property. The bill will significantly benefit that group of vulnerable people.

All in all, I am satisfied that the bill will enhance the protection of a particularly vulnerable section of society and that the amendments to section 1 will protect adults at risk of harm from overintrusion by the state. Nobody wants their privacy to be invaded against their will, or to be removed from their home without their consent, so the safeguards that have been introduced should ensure that the power to override an adult's consent will be used as the last resort only after all other options have been tried and it is necessary to avoid immediate harm. As Shona Robison said, we will, of course, have to see what happens in practice and ensure that systems are in place to cope. However, it is unlikely that the power to override an adult's consent will be needed often. I hope that when its use is necessary, the adult at risk will be treated with respect and sensitivity.

The Health Committee has had to deal with a complex bill, but I am now satisfied that it will fill a gap in previous legislation and protect a group of vulnerable adults who have hitherto been at risk of harm—indeed, some of them have been harmed. During its campaign to expose elder abuse, Age Concern Scotland said that many more elderly people may have been harmed by relatives and carers than is generally realised. The bill should give those elderly people the support and protection that they deserve. It will also allow support services to be made available to those who are at risk of harm through self-neglect or through their inability to cope with the practicalities of daily living. It should give them the help that they need to continue to live safely in their own homes.

In conclusion, I welcome the bill, although its implementation will have to be carefully monitored. The Conservatives will support the motion on the bill at decision time.