Health and Sport Committee

Meeting date: Tuesday, March 13, 2012

Official Report 515KB pdf

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Subordinate Legislation

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Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (SSI 2012/36)

Good morning and welcome to the 10th meeting in 2012 of the Health and Sport Committee. I remind all those present that mobile phones and BlackBerrys should be turned off as they often interfere with the microphone system. Apologies have been received from Drew Smith.

Agenda item 1 is consideration of a negative instrument. The Subordinate Legislation Committee has drawn the regulations to the Parliament’s attention on the basis that certain matters could have been more clearly expressed and there has been a failure to follow normal drafting practice, but it has not called for them to be annulled. It is disappointing that these issues have arisen and I am sure that the committee will wish to monitor the implementation of the patient rights complaints procedure to ensure that it works effectively for patients and their representatives. Do members have any comments?

As one of a number of members serving on this committee who have previously served on the Subordinate Legislation Committee, I would like to add force to your remarks. The briefing note that we have received from that committee is quite sharp in tone. Although it does not call for the regulations to be annulled and leaves it open whether the issue is just a difference of opinion about interpretation, it is important that the implementation and monitoring of the procedures are effective. I think that there is an issue with the drafting and I do not think that the Scottish Government’s response was wholly satisfactory. I think that something more could have been done. I am content for us to proceed on that basis but, as we received a briefing on the regulations that is comprehensive and quite pointed, I think that we should note that.

Does the committee agree that we do not wish to make any recommendation on the regulations, but that we will draw the Government’s attention to the committee’s comments on the record this morning?

Members indicated agreement.

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Patient Rights (Scotland) Act 2011 (Commencement) Order 2012 (SSI 2012/35)

Item 2 is consideration of an instrument that is not subject to parliamentary procedure. It is a commencement order that brings into force certain parts of the Patient Rights (Scotland) Act 2011. Does the committee agree to note the order?

Members indicated agreement.