Health (Tobacco, Nicotine etc. and Care)(Scotland) Bill

 

Stage 1 scrutiny by the Health and Sport Committee

The Health (Tobacco, Nicotine etc, and Care)(Scotland) Bill was introduced in the Scottish Parliament on 4 June 2015 by the Cabinet Secretary for Health and Wellbeing.

This page covers consideration of the Bill at Stage 1 only. The Bill and accompanying documents, together with supporting information can be read on the Health (Tobacco, Nicotine etc. and Care)(Scotland) Bill webpage.

The Bill is in three distinct parts:

  1. Nicotine Vapour Products and smoking in hospital grounds – The Bill will introduce restrictions on the sale of nicotine vapour products (NVPs) such as e-cigarettes and shisha pipes. These restrictions will include; a minimum purchase age of 18, prohibiting the sale of NVPs via vending machines, requiring NVP retailers to register on the tobacco retailer register, prohibit ‘proxy-purchasing’ for under 18s, restrict domestic advertising and promotions, implement an age verification policy for the sale of NVPs and ban staff under the age of 18 from selling tobacco and NVPs. The Bill would also make it an offence to smoke in parts of hospital grounds
  2. Duty of Candour – The Bill proposes to place a duty of candour on health and social care organisations. This would create a legal requirement for health and social care organisations to inform people (or their carers/families) when they have been harmed as a result of the care or treatment they have received.
  3. Ill-treatment and willful neglect – The Bill would establish a new criminal offence of ill-treatment or willful neglect which would apply to individual health and social care workers, managers and supervisors. The offence would also apply to organisations.

Timetable

The Committee published its Stage 1 Report on Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill on 9 November 2015.

14th Report, 2015 (Session 4): Stage 1 Report on Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill

The Committee considered the Bill at Stage 2 on 19 and 26 January 2016.

Evidence

Health (Tobacco, Nicotine etc. and Care) Bill – Stage 2 Amendment on the provision of voice equipment: Call for Views

In its 14th Report, 2015, on Stage 1 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill the Health and Sport Committee noted that the Scottish Government would seek to amend the Bill at Stage 2 to provide a right to access voice equipment. On 11 December 2015 that amendment was lodged by the Scottish Government and is set out here. Also set out below is further written evidence provided by the Scottish Government which explains the purpose of that amendment, who is likely to have an interest in it as well as the financial impact of the amendment.

As the Health and Sport Committee did not specifically seek evidence on the provision of voice equipment during Stage 1, it agreed at its meeting on 7 January 2016 to issue a call for written views on this amendment.

Read the Call for Views and Written Submissions

Call for written views - Stage 1

The Committee has issued a call for written views which will run from 3 July to 5 August 2015. 

Read the call for views

Read written submissions received

SPICe have published the results of a survey that sought views on controlling E-cigarettes and restricting smoking in parts of hospital grounds.

In August 2015, the Scottish Parliament held an event in the Parliament and in Inverclyde with young people on video blogging. Views were sought on the proposals to restrict the sale of e-cigarettes and ban smoking in parts of hospital grounds in the Bill. Here are those views.

 

On 1 September 2015, the Committee took evidence from FOREST, the Scottish Coalition on Tobacco, Professor of Linda Bauld and the New Nicotine Alliance.

On 8 September 2015, the Committee took evidence from Community Pharmacy Scotland, ECITA (EU) Ltd, Advertising Standards Authority, Scottish Grocers Federation, JTI UK (E-Lites) and Vapourized.

On 15 September, the Committee took evidence from the RCN, BMA Scotland, UNISON, NHS Ayrshire and Arran and COSLA.

On 22 September, the Committee took evidence from Patient Advice and Support Services (Citizens Advice Scotland), the Medical Protection Society and Law Society of Scotland.

On 6 October the Committee to evidence from the Minister for Public Health. The Minister also wrote to the Committee with a commitment to “a right to voice equipment when required” and an intention to bring forward amendments at stage 2.

Work By Other Committees

The Delegated Powers and Law Reform Committee (DPLRC) report on the Health (Tobacco, Nicotine etc. and Care) (Scotland) can be found on the Scottish Parliament‘s website at the following webpage:

Finance Committee Report on the Health (Tobacco, Nicotine etc. and Care)(Scotland)Bill’s Financial Memorandum can be found on the Scottish Parliament‘s website at the following webpage:

Report

The Committee published its Stage 1 Report on Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill on 9 November 2015.