Health and Sport Committee, 23 Apr 2008

Meeting date: Wednesday, April 23, 2008

Official Report 149KB pdf

---

Subordinate Legislation

---

Mental Health (Cross-border Visits) (Scotland) Regulations 2008 (Draft)

Item 2 is subordinate legislation. I welcome to the meeting Shona Robison, the Minister for Public Health, who will give evidence on the draft Mental Health (Cross-border Visits) (Scotland) Regulations 2008. She is accompanied by David Smith, who is from the solicitors health and community care division of the Scottish Government, and by Fiona Tyrrell, who is the branch head of the mental health division. Welcome to you all. I invite the minister to make some introductory remarks before taking members' questions.

Thank you, convener. The purpose of the regulations is to make provision in connection with escorted mental health patients who visit Scotland while on short-term leave of absence under the law of England, Wales, Northern Ireland, the Isle of Man or any of the Channel Islands.

The regulations put beyond doubt the powers of escorts authorised under the laws of those other territories to convey such patients while in Scotland and provide for escorts to have the power to restrain and retake such patients in the event of their absconding or attempting to abscond while in Scotland.

The regulations are being made for two reasons. First, the Scottish Government doubts whether current statutory provision gives escorts sufficient powers to convey patients from other territories who are on leave of absence in Scotland or to retake such patients should they abscond while they are in Scotland. Secondly, the Ministry of Justice in England has raised concerns about a perceived lack of such powers in relation to patients detained in England and Wales who are granted leave of absence and for whom a visit to Scotland, under escort, is considered appropriate. In effect, that meant that the Ministry of Justice would not authorise any short-term visits to Scotland by restricted patients from England and Wales.

The United Kingdom territories each agreed to make arrangements in their respective legislative provisions to ensure that it is possible to authorise short-term cross-border visits by mental health patients through the use of powers for escorted suspension of detention or leave of absence.

The regulations will allow patients who are subject to mental health measures in the territories I mentioned to be granted short-term escorted leave of absence for the purpose of, for example, visiting a sick relative or attending a funeral in Scotland, before returning to their "home territory".

Reciprocal provision for cross-border visits by patients from Scotland to England and Wales has already been made via amendments to the Mental Health Act 1983.

I am happy to take questions from the committee.

Thank you. You have dealt with my question on reciprocal arrangements, so I invite questions from the committee.

My questions have also been answered.

How many cases have there been during the past few years? Did any give rise to difficulty? Does the European Union have a similar arrangement?

There are two live cases. The outcome of the motion on the regulations is pertinent in that regard. I ask Fiona Tyrrell to answer the second question.

We have had no experience of a patient wanting a transfer for a short-term visit to Europe. We have procedures for formal transfer to hospital on a permanent basis, but not for short-term visits.

The regulations do not apply in that situation. In such exceptional circumstances, I assume that discussions would have to take place with the appropriate officials in the jurisdiction in question, but that has not arisen to date. If it did, arrangements would be made between the appropriate departments.

You said that there are two live cases. Do you mean that two people have come up to Scotland from England for personal or family reasons? Richard Simpson also asked how often there has been difficulty.

At the moment, the Ministry of Justice will not approve such short-term visits. Two live cases have been brought by people who want to come to Scotland on a short-term visit but cannot, because the Ministry for Justice will not give approval. The regulations are pertinent to those cases, and I hope that they will resolve them.

Do such cases arise regularly?

A very small number of cases is involved.

Single figures?

Yes.

One or two a year.

That is fine. That is the information that we were looking for.

As there are no further questions, I bring the evidence-taking session to a close. We now move to the debate on the instrument. Does any member wish to debate the instrument?

No.

Motion moved,

That the Health and Sport Committee recommends that the draft Mental Health (Cross-border Visits) (Scotland) Regulations 2008 be approved.—[Shona Robison.]

Motion agreed to.

I thank the minister for her attendance. It was pretty painless for us all.