Mental Health and Incapacity Legislation (Review)

Part of the debate – in the Scottish Parliament on 19th March 2019.

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Photo of Clare Haughey Clare Haughey Scottish National Party

Mr Stewart asked me several questions, so I ask him to forgive me if I do not answer them all. I will be happy to write to him if I miss out anything that he asked about.

A significant feature of the work on adults with incapacity practice is the development of a supported decision-making strategy. Supported decision making aims to give people more support to make their own decisions about their lives and care, as is in keeping with the UNCRPD, which Mr Stewart mentioned. That review’s findings will enhance the work that is going forward.

As I mentioned in response to Annie Wells, our first priority will be revising the codes of practice on the power of attorney. That work will highlight the need for every adult in Scotland to consider appointing an attorney while they have the capacity to do so. Information will be provided on the rights and responsibilities of attorneys, on safeguards that are in place to protect individuals and on the sanctions that can be imposed for misusing the power of attorney. Those changes should substantively improve the delivery of services and the wellbeing of people who are impacted by AWI legislation.

I absolutely agree with Mr Stewart that the UNCRPD should be the touchstone for all that we do in legislation.

I apologise—I think that I have missed out one of Mr Stewart’s questions, but I will check the

Official Report and write to him on that point.