Thank you, convener. With your indulgence, I will make an opening statement.
As you mentioned, I announced to Parliament on Tuesday that, in order to strengthen support for people with mental health conditions, we will undertake an independent review of the Mental Health (Care and Treatment) (Scotland) Act 2003. Taken together with the on-going work on the incapacity and adult support and protection legislation, we now have a comprehensive programme of activity that amounts to an overarching review of the legislative framework that affects people with mental disorders.
The vast majority of people who access mental health services do so on a voluntary basis. Relatively few people are ever treated for a mental disorder against their will. If they are, it is because it is necessary to protect them or other people.
People with a mental disorder may also be affected by the Adults with Incapacity (Scotland) Act 2000 or the Adult Support and Protection (Scotland) Act 2007. Depending on their needs, a person may be subject to one, two or all three of the acts. That may be confusing for the individual and their carers and create barriers for those who care for their health and welfare. Although there have been huge advances in relation to mental health in terms of treatment and changing social attitudes, we have also always been clear that we will continue to keep the changing context under review to ensure that our legislation is fit for purpose.
In recent years, there has also been an increasing focus in all areas of public life on the importance of protecting and promoting human rights and recognising the rights of people with disabilities, and that has provided us with an opportunity to look again at our legislation to ensure that the rights and protections of those with a mental disorder are fully respected.
The Scottish Government is committed to bringing change to people’s lives and ensuring that mental health is given parity with physical health. The review of the mental health legislation will take that a step further, reaffirming our commitment to creating a modern and inclusive Scotland that protects, respects and realises internationally recognised human rights.
I mentioned that we have already begun work to review incapacity law and practice as well as learning disability and autism under the mental health legislation, and that we will shortly be undertaking work on the adult support and protection act. The latest review will build on and be complementary to that on-going work, resulting in an overarching review of the legislative framework affecting people with mental disorder.
I want to take a minute to outline the principal aim of the review of the mental health legislation, which is to improve the rights of and protections for a person with a mental disorder and to remove barriers to those caring for their health and welfare. It will do that by reviewing developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health (Care and Treatment) (Scotland) Act 2003 came into force and by making recommendations that give effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people’s social, economic and cultural rights, including requirements under the United Nations Convention on the Rights of Persons with Disabilities and the European convention on human rights, and by considering the need for convergence of incapacity, mental health and adult support and protection legislation.
We intend to announce the chair of the review shortly. Clearly, it will be for the chair to determine how the review is best taken forward. However, I want to be clear that the work will be stakeholder driven and evidence led. I am determined that, throughout the process, the views of service users, those with lived experience and those who care for them are at the front and centre of the work so that they can help us to shape the future direction of our legislation. For each stage of the process, an engagement strategy will have to be created, showing how the review will seek to gather views that are as wide ranging as possible, including from those who I have mentioned as well as professionals and people with a more academic interest. In particular, the third sector will be key to making that happen, as it has a wealth of knowledge and understanding concerning the impact of legislation on people’s lives.
I very much hope that the committee will welcome the announcement of the review, which complements the work that is already under way and will ensure that Scotland’s mental health legislation continues to lead the way in ensuring the rights of and protections for our citizens.