The Bill aims to establish a Patient Safety Commissioner for Scotland, who would:
This is a Government bill
The Bill became an Act on 7 November 2023
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill establishes a new office of Patient Safety Commissioner for Scotland.
The Patient Safety Commissioner will:
The Commissioner will have various functions, including the power to investigate health care safety issues. During an investigation, the Commissioner can require health care providers or individuals to provide relevant information.
The Commissioner must publish reports on health care safety issues and make recommendations as to how these issues can be addressed. The Commissioner can require a health care provider or an individual to respond to any recommendations.
The Scottish Government has introduced the Bill in response to recommendations made by the Independent Medicines and Medical Devices Safety Review (“the Cumberlege Review”).
The Cumberlege Review was launched by the UK Government. It was created in response to a number of cases where patients’ concerns about the safety of their medical treatment had not been listened to, resulting in harm.
The Bill aims to create a Patient Safety Commissioner who would:
Patient Safety Commissioner for Scotland Bill as introduced (1MB, pdf) posted 06 October 2022
Explanatory Notes (184KB, pdf) posted 06 October 2022
Policy Memorandum (238KB, pdf) posted 06 October 2022
Financial Memorandum (210KB, pdf) posted 06 October 2022
Delegated Powers Memorandum (98KB, pdf) posted 06 October 2022
Statements on legislative competence (87KB, pdf) posted 06 October 2022
Explanatory Notes (203KB, pdf) posted 06 October 2022
Policy Memorandum (274KB, pdf) posted 06 October 2022
Financial Memorandum (239KB, pdf) posted 06 October 2022
Delegated Powers Memorandum (231KB, pdf) posted 06 October 2022
Statements on legislative competence (136KB, pdf) posted 06 October 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Patient Safety Commissioner for Scotland Bill
The Bill was introduced on 6 October 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Health, Social Care and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
On 14 December 2022, Parliament agreed motion S6M-07243, that consideration of the Patient Safety Commissioner for Scotland Bill at stage 1 be completed by 12 May 2023.
The consultation closed on 14 December 2022.
Read the Official Report of the meeting
Read the Official Report of the meeting
Letter from the Minister for Public Health and Women's Health to the HSCS Convener concerning the Stage 1 report of the Patient Safety Commissioner for Scotland Bill, 9 May 2023
Letter from the Nursing and Midwifery Council following their giving evidence on 21 February, 7 March 2023
Letter from Healthcare Improvement Scotland following their giving evidence on 7 February, 24 February 2023
Letter from the Minister for Public Health, Women's Health and Sport with follow up information about the Patient Safety Commissioner for Scotland Bill, 23 February 2023
Letter from the Convener of the Finance and Public Administration Committee to the HSCS Convener concerning the Patient Safety Commissioner for Scotland Bill, 31 January 2023
See a full list of Stage 1 correspondence for this committee
The lead committee published its report on 28 April 2023.
Patient Safety Commissioner for Scotland Bill Stage 1 Report
The committee received the following response to its report-
Letter from the Minister for Public Health and Women's Health (182KB, pdf) posted 10 May 2023
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published a report on 23 November 2022
A Stage 1 debate took place on 10 May 2023 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 10 May 2023
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
On 17 May 2023, Parliament agreed motion S6M-08987, that consideration of the Patient Safety Commissioner for Scotland Bill at stage 2 be completed by 30 June 2023.
Documents with the amendments considered at the meeting held on 13 June 2023.
Marshalled List of Amendments for Stage 2 (388KB, pdf) posted 08 June 2023
Groupings of Amendments for Stage 2 (418KB, pdf) posted 08 June 2023
Read the agenda, papers and minutes for this meeting
Patient Safety Commissioner for Scotland Bill as amended (1MB, pdf) posted 13 June 2023
Revised Explanatory Notes (1MB, pdf) posted 06 July 2023
Revised Explanatory Notes (189KB, pdf) posted 06 July 2023
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 13 June 2023
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 27 September 2023.
Marshalled List of Amendments for Stage 3 (315KB, pdf) posted 21 September 2023
Timed Groupings of Amendments for Stage 3 (354KB, pdf) posted 21 September 2023
Read the Official Report of the meeting
Once MSPs have debated and decided on the amendments, they debate whether to pass the Bill.
Result 114 for, 0 against, 0 abstained, 15 did not vote Vote Passed
See further details of the motion
Patient Safety Commissioner for Scotland Bill as passed (1MB, pdf) posted 27 September 2023
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Patient Safety Commissioner for Scotland Bill printing changes after the Bill as Passed (105KB, pdf) posted 24 January 2024
The Bill ended Stage 3 on 27 September 2023
The Bill was passed on 27 September 2023 and became an Act on 7 November 2023