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Chamber and committees

Local Government Committee, 29 Oct 2002

Meeting date: Tuesday, October 29, 2002


Contents


Mental Health (Scotland) Bill: Stage 1

The Convener:

We turn to our stage 1 consideration of the Mental Health (Scotland) Bill, for which the Local Government Committee is a secondary committee. I welcome from Fife Council Mike Sawyer, the head of the social work service, and Kate Thomson, the mental health project manager. I welcome from Fife Advocacy Kate Milliken, the co-ordinator, and John Dow, the chairperson. I understand that Mike Sawyer and Kate Milliken will make some opening remarks, after which I will open up the session for questions.

Mike Sawyer (Fife Council):

Thank you for inviting us to the committee. I guess that one reason why you did so is that Fife is a mixture of urban and rural areas—we have to provide a service over an area that covers 70 miles. However, in some areas there is an intense need for services. We are also lucky because we have coterminous boundaries with Fife NHS Board, the health trusts and the local health care co-operatives. Therefore, there is close working within Fife, not only with the health board but with the voluntary sector, service users and carers. If you want to talk in detail about that, Kate Thomson can say more about our current initiatives.

We very much support the bill and the principles that underpin it. In particular, we welcome the fact that it will strengthen the voice of service users and focus on partnership. It tries to make provision more flexible and to make a link between people's duties and how those are delivered in order to provide people with what they need. We welcome the proposed role of the mental health officer in dealing with a number of complex areas involving people's liberty. If there are to be compulsory treatment orders, the extent to which those are successful will depend largely on the training provided, on the sensitivity that is shown and on the way in which mental health officers work with the people concerned.

Members have received our paper. We have four main points to make. The first is on the role of the mental health officer. There are major issues around the recruitment and retention of social workers, yet now we are talking about expanding the role of the mental health officer. It is crucial that we do all that we can to encourage people to enter that field of work. Some of the guidelines on the entry qualifications that are required for people to become mental health officers actively discourage people from achieving the targets. We in Fife will be struggling to achieve our targets for mental health officers—we will need more.

Secondly, a great deal of the bill deals with the duties of local authorities, although I find it strange that it does not contain more about the duties of health boards. Given the fact that we work in such close partnership, more ought to be included about the duties of health boards or trusts.

Fife Council has some concerns about the fact that clear duties—much clearer than in the past—are laid down about care and support, residential personal care, social, cultural and recreational activity, training and employment. If we are to have a duty to provide those, does that mean that we will have to meet everybody's needs in relation to those areas of work? Do the duties relate to everyone with a mental disorder, or just to people who are subject to compulsory treatment? Does a local authority's meeting its duties depend to some extent on its level of resources? The bill as introduced does not say that. It provides a blanket provision that the local authority should meet those duties.

The bill says that the local authority can call on the health board or the trusts to provide services to them. I interpret the bill also to say that, if the health board does not have the resources available, it does not have to respond to the local authority's request for assistance. That seems to be something of an imbalance in the responsibilities of local authorities and health boards.

Thirdly, we have a number of concerns about the adequacy of the financial memorandum, which details the money that is being put to one side to implement the legislation. We think that there ought at least to be a system to monitor the bill's impact and the demands that are made on resources.

Let me illustrate that point. My estimate of the amount of money that would come to Fife under

"Improvements in the packages of care available to people subject to community-based compulsory treatment"

is £136,000 over three years. Members need to know that some of the packages that we provide to individuals at the moment cost between £50,000 and £100,000. That is not the norm, but the matter needs to be reviewed.

My fourth point relates to advocacy, although the representatives of Fife Advocacy are far better qualified to make it than I am. We welcome the fact that the bill places advocacy at the centre of the system. However, we must ensure that we do not impose advocacy on people who do not want it. We must consider the ability of advocacy schemes to respond.

Kate, would you like to make a statement at this time?

Kate Milliken (Fife Advocacy):

Members may want to put questions to us first.

Do you agree with the definition of advocacy that is contained in the bill? Do you think that it is wide and clear enough?

Mike Sawyer:

I do not have a problem with the definition of advocacy that the bill contains. However, I am concerned about the extent to which people would automatically have access to advocacy. They ought automatically to have access to information about advocacy, but it should be for individuals to decide whether they want to make use of advocacy.

Kate Milliken:

The definition of independent advocacy should be clearer. The word "advice" should be removed from the bill, because it is misleading. Independent advocacy is not about advice, although advocates seek to ensure that people have enough information to enable them to make an informed choice.

The Convener:

In its written submission, Fife Council social work service states:

"to make it a duty to provide"

an independent advocacy service

"for everyone with mental health problems, will seriously jeopardise the ability of such a service to make their own decisions about priorities and reduce the independence of the organisation."

Can you explain in more detail what you mean by that? Can you suggest an alternative approach?

Kate Thomson (Fife Council):

We want to be sure that people have the opportunity to know fully about advocacy and to understand what it involves. We want to encourage referrals and to ensure that people are given every opportunity to make use of advocacy. However, we want the advocacy service to have the bottom-line responsibility for deciding what it will do about referrals. We should not dictate to the service the kind of involvement that we want it to have. We want to ensure that advocacy retains the independence that it has had until now.

Kate Milliken:

Fife Advocacy has always made decisions independently and we assume that it will continue to do so.

How is Fife Advocacy funded?

Kate Milliken:

We have different sources of funding.

You indicated that in your submission. Will you receive any money from the social work budget next year?

Kate Milliken:

Yes.

How independent does that make you?

Kate Milliken:

We are mental illness specific grant funded on a year-to-year basis. That funding has sustained us for quite some time. An organisation cannot be truly independent if it is funded by the health service or social work department. However, we try to minimise any conflicts of interest that may arise. In Fife we are free to bite the hand that feeds us.

Do you believe that you are sufficiently independent as regards delivery of service, rather than funding?

Kate Milliken:

We are as independent as we can be. There are some funding issues that I would like to address later.

Tricia Marwick:

I, too, want to talk about funding and independence. Do you think that there is a conflict of interest between the bill placing a duty on local authorities and health boards to provide independent advocacy and their seeking to do that through organisations such as Fife Advocacy, which they fund? Can you say that you would act independently at all times, in the best interests of the client?

Kate Milliken:

Although some conflict of interest is always inevitable, we try to minimise that risk as much as possible. However, in order to do so, we must raise awareness of independent advocacy. Fife Advocacy regularly provides staff on the acute side of the trust with such awareness raising. Such an approach should be extended to the primary care side.

On the whole, we try to be as independent as possible. Advocacy 2000's document entitled "Principles and standards in Independent Advocacy organisations and groups" and Scottish Executive documents make it clear to local authorities what advocacy is and how we can remain as independent as possible. After all, it is in everybody's best interests that we do so.

Tricia Marwick:

Do you agree that there is a conflict at the heart of the bill, because it places a duty on local authorities and health boards to collaborate to ensure provision of independent advocacy services in their area? Presumably that means that they will also have to collaborate to provide funding. Given that they will have to provide both funding and services, will that not cause a conflict of interest with an independent advocacy programme that relies on those two bodies for funding?

Kate Milliken:

We certainly rely on the health board and the council for funding. However, from my 10-year experience of advocacy programmes in Fife, I would say that we have been free to act as independently as possible with the funding that we have been allocated.

But we have never had a mental health bill that places such duties on local authorities and health boards.

Kate Milliken:

No.

Tricia Marwick:

That is why I have suggested that there is a conflict at the heart of the bill. Is it possible to introduce another funding mechanism that is separate from local authorities and health boards? Those bodies could still encourage advocacy projects, but should they also continue to fund them?

Kate Milliken:

It would be ideal if advocacy organisations could source funding from outwith health boards and councils. However, I do not think that that will be possible right at the beginning and we have to start somewhere. Most advocacy projects—certainly the two in Fife that I am aware of—seek their funding from a variety of sources to reduce any potential conflict. We receive a minimal amount of money from health boards; most of our funding comes from the council.

Would placing the money that the bill will allocate to the advocacy service somewhere other than with the local authority and the health board not guarantee the advocacy service's independence from those bodies?

Kate Milliken:

Yes, I agree. I do not know whether this would be a possibility, but it would probably be better if that money were placed with the Advocacy Safeguards Agency or a similar body, which could oversee it.

John Dow (Fife Advocacy):

That would be the ideal target in relation to perceptions of what Fife Advocacy offers. The bottom line is that the user of Fife Advocacy services should feel that he or she is getting an independent service. Whether we feel that Fife Council is going to try to impose some kind of control does not enter into the matter, as far as the practical delivery of Fife Advocacy services is concerned. In an ideal situation, it would be brilliant if the funding was totally separate from Fife Council and/or Fife NHS Board. However, as we have heard, although the ideal is the target, asking how long it will take to reach that is like asking how long a piece of string is.

Mike Sawyer:

We have always attached great importance to advocacy, which is one of the reasons why the schemes have been funded for more than 10 years. This is not something that we have just done yesterday. The schemes work well. The issues that Tricia Marwick raises also apply to the relationships between local authorities and the voluntary sector in relation to the activities in which they engage. I accept that there are issues around the separateness of the funding source. However, there are also issues about the importance of people working in partnership locally.

The proof of the pudding is in the eating. If people in the advocacy service do not feel that they have been unduly influenced in advocating—which is their role—there is no evidence that the current system is not working. Okay, the bill is new legislation, but we have had to face some quite difficult situations. Another advocacy scheme in Fife relates to the closure of Lynebank hospital. There has been quite a lot of active representation and advocacy on behalf of people coming out of that hospital.

Are you supervised by an officer from social work services?

Kate Milliken:

Yes.

Kate Thomson:

There is a link officer.

What kind of involvement does that person have? For example, how often do you see them?

Kate Milliken:

They come to our management committee meetings.

Iain Smith:

I declare an interest, as I know Mike Sawyer from my previous employment and, as an MSP, I have done some work on behalf of clients of Fife Advocacy. A further interest is that Stratheden hospital, which is the main psychiatric hospital in Fife, is in my constituency.

My first question is for Kate Milliken and John Dow of Fife Advocacy. Do you feel that there is a danger that the requirements of the bill may result in your having to narrow the areas in which you work? Might you be so busy dealing with the statutory functions that you will not have time to undertake some of the other work that you do?

Kate Milliken:

Yes. We are currently funded to carry out advocacy work at Stratheden hospital for people who are moving back into the community through the reprovisioning process there. However, funding for that work will end in March and we have absolutely no guarantee of funding after that. The issue will go to a board of directors on 4 November, but the staff who are delivering the advocacy may well face redundancy. I am concerned because Fife NHS Board is committed to joint funding for advocacy provision only until the end of March. That flies in the face of what will happen under the bill. I would like more appropriate funding for advocacy to be put in place. It is a concern for us.

Kate Thomson:

I appreciate the current situation regarding advocacy funding. There is no lack of commitment from the council and the health board to continuing the advocacy service. It is just a matter of timing and the way in which things have happened. We are actively considering the issue.

Is your funding yearly, rather than three-yearly?

Kate Milliken:

The health board funding, through the health improvement plan, is for three years. That is the only health funding that we receive and it will end at the end of March.

What about funding from the local authority?

Kate Milliken:

That is MISG funding, which we receive on a year-to-year basis. It is not quite ring fenced; it is semi-guaranteed. We would like that funding to be allocated on a three-yearly basis.

Do you know what your budget will be over the next three years?

Kate Milliken:

No, not yet.

Iain Smith:

My second question is for the Fife Council representatives. In your submission, you state that, in relation to the provision of care and support, you feel that

"there is a danger that this part of the Act will see a move away from investment in prevention and recovery for people in their own localities towards increased use of compulsion."

Why do you have that concern? What amendments could be made to the bill to ensure that that does not happen?

Kate Thomson:

We have been trying to get our heads round the potential implications of the bill and the demand that would come our way. When one looks at the figures, the worry arises that the funding might not be sufficient. The hospital discharge programme means that more people will be able to be supported in the community. Although we fully support that aim, we do not know what the financial implications will be. If there is not enough money, pressure will build and people might have to become the subject of a compulsory treatment order to get the resources that they need. That would be unfortunate.

Iain Smith:

In your written submission, you indicate that you are more concerned about people than about money. It is difficult to get social workers and mental health officers. On the health side, difficulties are being experienced in attracting appropriate specialists in mental health—both nurses and doctors—to Fife. There might be problems in attracting people to take on advocacy work. In promoting the bill, is there anything that the Executive should do to encourage more people to go into such areas?

Mike Sawyer:

I welcome the current campaign on the recruitment and retention of social workers, which is important. However, improvements in standards and training have had an unintended consequence. There is a new requirement for people to have undertaken the post-qualifying award part 1 training before they can train as mental health officers. It takes six months of full training to become a mental health officer, which represents a heavy commitment. A number of people who have worked for two years and who would be prepared to train to be mental health officers—one must have worked for two years after qualifying, because the job of mental health officer is an onerous and responsible position—have not taken the PQ1 training. In future, people who have not done the PQ1 training will not be accepted on to training courses for mental health officers.

We support the introduction of post-qualifying training for social workers, but I do not think that it was intended that it would end up causing a potential shortage of mental health officers. We face that problem. This year, we would have put forward another two social workers for mental health officer training. We did not do that because they had not done the PQ1 training.

Will the bill have other unintended consequences for aspects of the council's operation? For example, might the bill conflict with the joint future work?

Mike Sawyer:

No, the joint future programme is very positive. There is an issue that perhaps I do not understand. The bill imposes explicit duties on local authorities. Will people have a right to services, irrespective of the state of a local authority's resources? Will that right extend to anyone in the community who has had a mental disorder? The bill lays out duties to provide residential accommodation, personal care, training, employment assistance and social, cultural and recreational activities. If an assessment indicates that someone could benefit from any of those services, will the local authority have a duty to provide such services, irrespective of its resources?

Most legislation includes a qualifying factor, which makes reference to the resources that are available to a local authority. The Mental Health (Scotland) Bill indicates that the responsibility of a health board to respond to a local authority is dependent on such action being compatible with the board's remit and resources. If we asked a health board to help us with a case, the health board could say that it could not help us, because to do so might cost £100,000. The health board might not have that money and it might be difficult for the board to find it. On that basis, it would be legitimate for the health board to say, "We're sorry. We would like to help you, but we can't." The bill contains no such qualification for a local authority. I am concerned that we might raise people's expectations about the service that we can provide and that there might not be sufficient resources to meet those expectations. That factor will have to be considered.

Another worry that several bodies have mentioned is whether compulsory treatment will escalate. There needs to be built into the system not only Scottish Executive research, which I welcome, but mechanisms that require the Mental Welfare Commission for Scotland, local authorities and health boards to produce information to examine the trends in compulsory treatment in their area and across Scotland, so that, if the legislation has unintended consequences, we can examine them.

Dr Jackson:

Iain Smith has asked many of the questions that I was going to ask. Is it possible to get more information about the resource implications? You say that you cannot be certain because you are unsure how the bill will be interpreted, and of course the bill may be altered as it goes through Parliament, but would it be possible to get an idea? You mentioned various duties that are put on local authorities, described by phrases such as

"promote the well-being and social development"

of people. As you say, that can be interpreted very broadly. There are also staffing and training issues, and the fact that it might be difficult to recruit staff. Would it be possible to cost various interpretations of the bill?

Mike Sawyer:

Yes, we are prepared to do that. This is just guesswork, but we reckon that, as a result of the bill, Fife would get an extra three MHOs. We operate mental health services in three different areas of Fife, so we would get an extra MHO for each. MHOs' role is increasing significantly, and rightly so as they have to take great care over their work. However, the volume of people using the service will also increase. People who had, for want of a better phrase, personality disorders were not included in the past, but we know that they will be included now. It is impossible for anyone to say what the increase will be, but because mental health needs a 24-hour service, we are concerned about how we will provide it.

It is difficult with new legislation to estimate the costs, but we could provide you with information. It would be helpful for a review to be built in so that what people get right and wrong in estimating the increase in demand could be examined.

Tricia Marwick:

Sorry, my question goes back to money again, because it is important. The financial memorandum allocates £1.5 million per annum to support advocacy services throughout Scotland. Will Kate Milliken and John Dow tell me how much they receive at the moment from their various funding sources?

Kate Milliken:

At the moment, our mental illness specific grant funding is £89,600. Our Stratheden advocacy project, which is funded by Fife NHS Board, receives £49,493. Volunteer advocacy receives £10,666 from the Nationwide Foundation, £8,000 from the Lloyds TSB Foundation for Scotland and £848 from Fife Council under section 10 of the Social Work (Scotland) Act 1968. That comes to a total of £19,514. Our volunteer advocacy funding is due to stop at the end of March, but we are seeking other sources.

I did not catch what you said about the Fife Council money and the total.

Kate Milliken:

Section 10 money is £848, and the total for volunteer advocacy is £19,514.

Tricia Marwick:

So roughly we are talking about £140,000 in total per year for one advocacy service in Fife. It is suggested that £1.5 million per annum will be used to support advocacy services and that local authorities will get their share of that, but Fife is likely to receive a heck of a lot less than the amount of money that we are talking about at the moment. Perhaps Mike Sawyer can help me out here. Is it possible that the £1.5 million allocation to support advocacy services might be the maximum, and that neither Fife NHS Board nor Fife Council will give any more than it is allocated?

Mike Sawyer:

We are committed to the sums that we are currently making available. Actually, we have three-year funding agreements with voluntary organisations. The difficulty is that the MISG is not provided on a three-year basis; it is annual. We know who our long-term partners are and they know that we will not deprive them of funding and that we will continue to make the investment. I am not the best person to speak about this, but health gets money for advocacy, which is dealt with separately and is not included in the figures. That would need to be examined separately.

Our share of what Scotland gets is between 6.3 per cent and 6.8 per cent, which means that we would get an additional £35,000 to £104,000 for advocacy. There would be £35,000 in year 1. When the total goes to £1.5 million, that would mean about an extra £104,000 over three years, but that would be in addition to health's plans.

Kate Milliken:

May I comment on that? I have a memo from discussions with the Advocacy Safeguards Agency, which states:

"Please note that as things stand"

under paragraph 470 of the financial memorandum to the Mental Health (Scotland) Bill

"Fife NHS Board will not be receiving any additional funding to develop advocacy, rather the SE"—

the Scottish Executive—

"see this funding as already committed through Our National Health.

To meet the duty in the current Bill, this would suggest that Fife NHS Board should be committing £100,000 to advocacy for people with mental health problems, including people with dementia, acquired brain injuries and learning disabilities, by 2005/06 through Our National Health."

That is important.

John Young:

First, I give my apologies for missing a large part of the beginning of the meeting. That was due to an urgent phone call, which I will explain to the convener after the meeting.

In the late 1960s I was the first sub-convener of social work in Glasgow and, frankly, we did not know what social work was. I am not sure that I know quite what it is even today. My question, which is relevant, is about people who leave long-term hospital care without relatives or friends to support them. That body of people is probably growing, in particular because people live longer. I know that this may be difficult, but do the witnesses have projected figures for their area for the next five or 10 years? As a layman, I imagine that the figures may be increasing.

Kate Thomson:

We examined the potential number of people who, over the next period of time, could manage in the community if we were able to build up the support infrastructure that is required to prevent hospital admissions. We are probably looking at the potential for another 100 people over the next 10 years, or however long the programme takes, so it is a considerable number.

We all accept that it is a bit of a guessing game, but does that mean that you are desperately trying to train more staff to handle what could come in the future? Is that premature? I know that it is not easy to do that.

Kate Thomson:

I suppose the point is to be sure that there is a support infrastructure in the community before people are discharged, because people need to leave long-term care knowing that the support services are there for them. That is fundamental.

The Convener:

I will ask a question for clarification. When I was a mental health officer, I had a case load over and above my work as a mental health officer. Does the situation remain the same? If so, we are not talking about a group of people who do only mental health officer work. That needs to be clarified for the committee and other members. In reading the evidence, people might think that a mental health officer did mental health work and nothing else. That was not the case when I practised, but I do not know whether that remains the situation.

Kate Thomson:

The situation varies in Fife. The mental health officers who operate in mental health teams do almost exclusively mental health work in their working week. However, mental health officers in other community care teams, in criminal justice and in child and family teams tend to be involved in mental health work that revolves around a rota and set pieces of work per month. That could be measured in hours a week rather than as full-time work. The situation varies, but we can usually quantify the amount of work.

Mike Sawyer:

About 50 per cent of our social workers who are mental health officers are in mental health teams. The others are in other teams.

The Convener:

You talked about the mental illness specific grant. I remember that Michael Forsyth made increases in the grant, which will thrill John Young. We have increased the grant each year, but we could consider putting it on a three-year plan, like the rest of our budgets. I do not know why that slipped through; perhaps there is a reason for treating specific grants differently.

Is the six-month MHO training full-time training? Are people taken out of the system to be trained for six months, or do they work while they are trained?

Kate Thomson:

The six-month commitment involves a teaching programme, placements and study time. For six months, people spend minimal time in their normal place of work, so we tend to think that their work must be covered for that time.

The Convener:

We noted that people cannot undertake MHO training without the PQ1 qualification. Fife Council's evidence suggests that some staff would have trained if they had had that qualification. The thrust of what you said and what others have said in written evidence is that we will not have enough mental health officers when the bill is implemented.

The bill also needs to be qualified to say that authorities should not have to provide a service come what may—resources should be considered.

Fife Advocacy's submission says that it

"would welcome properly resourced and appropriate monitoring and evaluation."

We probably agree with that. We need to examine what advocacy is being provided and how the job is going.

Interest was expressed in a report on trends. It is interesting that it is suggested that a report should come from the coalface, so that people who work with the bill can tell us about the appearing trends and whether we must address them.

We have no more questions. I thank the witnesses for attending. As Sylvia Jackson said, the bill will no doubt be amended.

I welcome the representatives from Aberdeen City Council. I noticed that you arrived some time ago—I am sorry that you have had to wait for so long, but we have a busy meeting today. I welcome Fiona Palin, Aberdeen City Council's social work manager, and Jonathan Belford, the council's principal accountant. I understand that Fiona Palin will say a few words after which I will open up the meeting for questions.

Fiona Palin (Aberdeen City Council):

We are grateful for the opportunity to meet the Local Government Committee to discuss the Mental Health (Scotland) Bill. As Aberdeen is a city area, we work with one health board and one trust but three local health care co-operatives. Issues result from the overlapping boundaries.

I will highlight five areas in relation to local authority responsibilities, after which I hope that we will be able to discuss the resource implications. The five areas are care and support services, charging for services, mental health officers, advocacy and commissioning.

We welcome the increase in funding for care and support services, well-being and social development. We hope that that will enable us to provide more flexible packages of care. However, I issue a word of caution in respect of the high cost of some of those packages—one of the witnesses from Fife referred to that. A package of £350 per week would involve us in funding a package of more than £18,000 per year. Some of the people with whom we work require long-term care—possibly for 10 years or more. We are not talking about one-off costs for one year.

On occasion, lack of flexibility in our funding has meant that we have struggled to provide evening and weekend services. We set up an assertive outreach team and were able to provide funding in the pilot stage, but when we set up the service on a more permanent basis we found it difficult to achieve the flexibility of funding for evening and weekend care. I hope that the additional funding will enable us to consider more flexible services in that area.

We welcome funding that promotes well-being and social development. We welcome in particular funding that allows us to work with voluntary organisations, as that enables people to move on to use community education services and other services in the community.

We are concerned that the bill allows for charging for services and, in particular, for charges to be forced on people who are subject to compulsory care measures, as those people would previously have been cared for in hospital. Although local authorities have the flexibility to waive charges, it would be helpful to have clearer guidelines on such charging arrangements.

The previous witnesses touched upon a number of issues in relation to mental health officers. We want to focus on whether supply will meet demand. In Aberdeen, we have 26 mental health officers and six additional officers in our out-of-hours service. We have set up a separate rota to deal with our duties under the Adults with Incapacity (Scotland) Act 2000. We will need to consider the staffing structure for mental health officers. At the moment, we have no one in a senior practitioner role. We will have to ask basic grade workers to assume additional responsibilities, but we have no additional funding to do that.

We need to consider continuing support for mental health officers to ensure that they have the skills to embrace their extended roles. In addition to the need to train more mental health officers, we must also support those who are already in post. We must ensure that the role of the mental health officer is not extended to the detriment of other services. Earlier witnesses touched on the fact that mental health officers are social workers who undertake other roles. We have no full-time mental health officers.

Aberdeen City Council and Grampian NHS Board currently fund an advocacy service in Aberdeen. We have two specialist workers in mental health. One works in the hospital and the other works in the community. We welcome the enhanced role that the bill gives to advocacy and look forward to receiving additional funding for that.

As we indicate in our submission, there is concern about the lack of acknowledgement of joint commissioning. Mental health services in Aberdeen are commissioned on a joint basis, through the mental health framework. When we devise packages of care for people who have previously been looked after in hospital, it is important for us to recognise that both the health service and the local authority have a role in commissioning services.

The resources that are required to commission new services have not been touched on. We are talking about services for a wide range of people with mental health problems. Resources are required for drawing up service specifications, selecting providers of new services, and monitoring and evaluating services. Those are onerous tasks for the local authority.

We are very happy that the bill strengthens the role of local authorities under mental health legislation. That should allow us flexibility in providing services to people with mental health problems. However, it is important that we work in partnership with the health service. Jonathan Belford will be happy to provide additional information about resourcing.

The Convener:

The bill places a duty on local authorities and health boards to collaborate to ensure the provision of an independent advocacy service in their area. Do you agree with that approach? You have indicated that Aberdeen City Council provides an advocacy service. The bill will place a duty on local authorities and health boards to do that. Do you think that that is appropriate?

Fiona Palin:

Yes. We commission all mental health services on a joint basis, through the mental health framework. The local authority and the health board have worked in partnership to fund an additional advocacy worker. That is the most appropriate way of proceeding.

Is the supply of independent advocacy services in Aberdeen sufficient to cope with the new bill, which will make significant changes?

Fiona Palin:

We will need to consider where advocacy workers can be accommodated, but the advocacy service should welcome the additional resources that it will receive.

It is likely that the advocacy service in Aberdeen will receive between £40,000 and £50,000 of the £1.5 million that will be made available. Is that enough to support it, given that its duties will change under the bill?

Fiona Palin:

Those resources are a good start. The position in Aberdeen is different from the position in some areas, because Aberdeen already has two mental health workers in post. We need to consider where advocacy services should be directed. Should services be concentrated on people who have been detained under the bill? At the moment, we provide a generic service for people with mental health problems. If we prioritise people who have been detained under the bill, the resources that have been allocated should be sufficient to begin with.

The Convener:

In your written evidence, you suggest that a duty should be placed on local authorities, health boards and health trusts to co-operate in the provision of local services. Will you elaborate on your reasons for believing that such a duty should be placed on those bodies?

Fiona Palin:

As the witnesses from Fife Council indicated, there is concern that local authorities' duties are spelled out clearly in the bill, whereas the duties of health boards and trusts are not. Given that in Aberdeen we are pursuing the joint future programme and have joint mental health teams and joint commissioning, it seems odd that clearly defined duties should be placed on the local authority but not on the health service.

Dr Jackson:

We talked with the Fife Council representatives about

"Services designed to promote well-being and social development".

You seem to be indicating that that definition of section 21 might be a bit too broad and all-encompassing. Would you like to comment on that?

Fiona Palin:

Until now, the mental health framework has meant that we have had to concentrate on people with severe and enduring mental illness. Compulsory treatment orders are for people at the more severe end of the spectrum who are being cared for in the community. My concern is that there will not be enough resources left to spend on promoting social development.

Social development is an area in which we would very much like to make progress. As I mentioned, we would like to encourage people to use community education facilities and befriending services. We should definitely promote that area, but it is not certain whether we will have the resources to enable us to do so if we have to target the more severe end of the mental illness spectrum.

Are you saying that that phrase is okay, but that it is a question of resourcing?

Fiona Palin:

It is really a question of how we manage the situation.

Dr Jackson:

Your paper mentions several times the difficulties that you think will arise. It says that

"GAE allocations will be insufficient to cover the costs that Aberdeen City will incur"

and goes on to say that it would be helpful if the level of funding for Aberdeen City Council were based on identified need rather than on population. You are saying that it is not entirely a question of finances; it is also a matter of examining the problems that the finances address. You also mention a research exercise that will examine the effectiveness of the bill once it is enacted. Should part of that research take a serious look at that need aspect?

Fiona Palin:

That would be really helpful. We have tried to address that, but I do not think that we have done so terribly successfully. We must try to be clear about assessed needs and future needs. The fact that the city has a population drift of people who come in from the outlying areas presents us with difficulties. The hospital and a lot of the resettlement resources are in the city, so we have to fund additional resources. Although people might initially be funded by their own local authority, eventually there are additional aspects of their care that the city has to fund when they move on. It would be helpful to have clearer information to enable us to plan better for future need.

When we see the Deputy Minister for Health and Community Care in a few minutes' time, what questions should we ask her about finances and funding?

Jonathan Belford (Aberdeen City Council):

It is a question of the distribution of resources, rather than the total pot. We made a clear statement in our written submission about the fact that GAE allocations would allow us perhaps 4 per cent of the total. Our spending at the moment is around 6 per cent, which highlights the fact that the population who are suffering from mental health problems in the city is larger than the GAE provides for. The distribution of the funding needs to be highlighted, because there are too many uncertainties about what will be required from the total pot when it comes to implementing and taking on the new duties and responsibilities.

Dr Jackson:

I also read the paper by the Scottish Parliament information centre, which has done some research in that area. It says that the amount of money that councils spend on mental health depends largely on priorities rather than on need. That seems to be the same as what you are saying. If that money were to come from central funds, would you want it to be ring fenced in some way?

Jonathan Belford:

I am not sure that we would want to ring fence money in all instances. Although that may be useful for getting services up and running, it is as useful for the local authority to have the necessary flexibility to deliver services that are appropriate to the population of Aberdeen. Ring fencing the money in every instance is perhaps not the be-all and end-all of new funding under the bill.

At a recent conference, an academic said that mental health is the cinderella service and that it is perhaps not getting sufficient money. Would earmarking the money offer one way around that problem?

The Convener:

That could be done through the mental illness specific grant, for example. What if money came directly from the centre rather than through the council, which would require the council to make decisions on how much mental health should get? I can hardly believe that we are talking about ring fencing.

Jonathan Belford:

The mental illness specific grant comes through us. In Aberdeen, it is distributed among a large number of organisations. However, there are issues around the funding because there have been very few increases over the past six years. The announcement of some additional funding for next year is obviously welcome, but I think that there was only one increase over the previous five years. This year, the level of funding has been static. There would be concerns about ring fencing if the level of funding ended up static for a number of years. If growth in the sector required more funding to meet it, where would the money come from? Local authorities would, in that case, be left with a decision to increase the funding by drawing on resources elsewhere.

Mention has been made of the fact that Aberdeen has 26 mental health officers.

Fiona Palin:

That is right.

John Young:

Aberdeen City Council's written submission says that

"when social workers do not receive further remuneration for undertaking this role"

there may be major problems. Is it possible to compare the figure of 26 with the position in the other three large cities? How many mental health support officers are there in Dundee, Edinburgh or Glasgow? It might not be easy to make such a comparison—and I purposely left out rural areas. Do you think that 26 is an adequate number of mental health officers for Aberdeen? I am sure that the answer is no. What number would be adequate for Aberdeen? I appreciate that that is like asking, "How long is a piece of string?" but I would like to hear your opinion. It will depend, of course, on the level of support that is required by various people.

Fiona Palin:

The 26 officers work during the day; additional mental health officers work for an out-of-hours service. Given officers' extended role, particularly under the Adults with Incapacity (Scotland) Act 2000, their number is not adequate. We would probably benefit from having at least another five mental health officers.

So you need between 30 and 40 officers.

Fiona Palin:

Yes. Two people are currently undergoing training, and should be coming on stream fairly soon. We hope to train a further batch of three people and that the correct number of staff will have attained their PQ1, which was referred to earlier. We also hope that we will be able to fund the number of trainees who are coming through.

Do you share the concerns expressed by Fife Council that the duties under sections 20 to 27 are not sufficiently specific? If they are too wide, they will potentially place burdens on councils that they will be unable to meet.

Fiona Palin:

Yes—those points have been well made. The bill's description of our duties is very wide. We have to prioritise services, so local authorities are left in a difficult position if, because of a lack of resources, they are not able to provide a service for someone whose needs are not as great.

Do you have any suggestions about how the bill could be tightened up so as to avoid that problem? Have you had a chance to consider drafting an amendment to that effect?

Fiona Palin:

It is a difficult matter. Eligibility for services is normally determined on the basis of need, so the question arises whether some sort of hierarchy of need could be drawn up. That would be my suggestion.

Your written submission mentions the problem of "unmet" needs that might need to be addressed. Do you mean unmet or unidentified? Are you referring to people in the community about whom you do not know?

Fiona Palin:

There are always people about whom we do not know and there are unmet needs. As I said, we are not funding everyone whom we identified as needing a befriender; we are not able to meet the level of need for services such as befriending.

Iain Smith:

Do you foresee any difficulties in operating the proposed duties in the bill where local authorities and health boards do not have coterminous boundaries—where the health board area boundary runs across several local authority areas—such as Fife has?

Fiona Palin:

We deal with that issue daily. It has arisen in the context of the Adults with Incapacity (Scotland) Act 2000 and for our multidisciplinary mental health teams covering general practices. I do not know whether the bill would increase those difficulties, because we have worked out systems for dealing with cases in which there are overlaps.

The Convener:

I do not think that there are any more questions. You have the distinction of having come to the committee for us to tell you that funds should be ring fenced, although we seem to spend our lives trying to do the opposite. Thank you for coming. I apologise for your having had to wait so long. If we need to get in touch with you again, we will do so.

Okay, comrades. We have reached the last part of this rather long meeting. I welcome Mary Mulligan, the Deputy Minister for Health and Community Care; Jim Brown, the head of the public health division at the Scottish Executive; Colin McKay, Scottish Executive team leader on the Mental Health (Scotland) Bill; and Ian Turner, the Scottish Executive policy officer for the Mental Health (Scotland) Bill. I declare an interest in that I knew Colin in my former employment. I am sure that Mary Mulligan has attended many committee meetings—she will know the drill. I hand over to the minister before I open the debate for questions.

The Deputy Minister for Health and Community Care (Mrs Mary Mulligan):

Thank you. I am aware that the meeting has been long, so I will keep my opening comments brief. We are here to discuss the Mental Health (Scotland) Bill. The Executive's aim is to improve the way in which we deliver mental health services throughout the country. That will be facilitated through several agencies. The committee's specific interest will be local authority provision, and I am more than happy to answer any questions.

Could you outline for the committee what you consider to be the principal aims of the bill and how the bill will improve mental health services in Scotland?

Mrs Mulligan:

The main aim of the bill is to bring into statute the recommendations of the Millan report. We want improved day care and improved aftercare services. We want to ensure that support for people who have mental health problems is available not only in hospitals, but in the community. We want to ensure that the staff who provide services—particularly mental health officers—are fully resourced and trained, and that they are given the support that they need. We want to ensure that those who suffer from mental illness are able to have a major say in the decisions that are made about their treatment. They will be given the support that they need to do that through development of advocacy services. We have picked up various recommendations of the Millan report that we believe will bring about improvement in mental health services.

What do you regard as being the main difficulties that affect the provision of mental health services in Scotland?

Mrs Mulligan:

There is confusion about who is responsible for providing mental health services and there is a perception that professionals do not always involve the individuals concerned as much as they could. People feel that they do not have the control over their lives that they should have, so the bill seeks to co-ordinate the different aspects of the service to ensure that everyone knows what they are responsible for and how to deliver the service coherently. We want individuals to feel that they are a part of the service that they receive.

Iain Smith:

A key aspect of the bill is the provision of an independent advocacy service. In the Executive document "Independent Advocacy: A Guide for Commissioners", which was published in 2001, you state:

"A clear conflict of interest arises from having funding from any source that might be challenged by the organisation or advocates or the people they support".

The bill proposes that the principal sources of funding for independent advocacy will be health boards and local authorities, which are the bodies that advocates will challenge. Is not there a contradiction?

Mrs Mulligan:

I do not think so. The advocacy organisations to which we spoke when drafting the bill made it clear that there is always a funder. Those organisations are used to managing professionally the possibility that their funder might be a body that they have to challenge; they are not unhappy with that situation. Obviously, we want clear guidelines to be set out that will ensure that advocacy services do not encounter interference when providing support to individuals. I believe that that can be delivered.

Iain Smith:

Is there an argument for setting up a separate stream of funding, directed by the Scottish Executive or by an agency on behalf of the Scottish Executive? It would then be clear that there was no conflict of interests between the advocacy service and the funding bodies.

Mrs Mulligan:

So far, it has not been suggested to us that such a step is necessary. People will be keen to put in place strict frameworks to ensure that there is no interference in provision of advocacy services. We expect advocacy agents to deliver an independent service—their role is to provide independent advocacy to individuals. My colleagues who took part in discussions with advocacy groups may want to comment further on that issue.

Jim Brown (Scottish Executive Health Department):

The Executive would not want to be too prescriptive because we want to allow the development of appropriate models in the field. The bill's proposal that there be a general duty placed on local authorities and health boards to deliver that service is conducive to that objective.

Colin McKay (Scottish Executive Health Department):

The bill is intended to build on the non-statutory development of advocacy. As members will know, the Executive has funded the Advocacy Safeguards Agency as an independent body designed to safeguard the independence of, and standards in, advocacy provision. The agency will act to support advocacy services and commissioners of advocacy services.

Commissioners of advocacy services are represented on the mental health legislation reference group, which has acted as a consultative body on the bill. That group has given its input to discussions on the bill. Although it has made one or two comments on the drafting of particular aspects of advocacy duties, it certainly has not intimated to us any difficulty with the general structure of advocacy being funded by local authorities and the NHS. Commissioners of advocacy services have been clear about the need for the contracting process and the commissioning process to guarantee independence in contracts, but they have not mentioned any difficulty with the way in which that is set out in the bill.

The financial memorandum provides £1.5 million per annum to support advocacy services. Is that additional to the moneys that are already in the system for supporting advocacy services, such as those that are provided through the NHS plan?

Yes—the moneys will be additional. We expect expenditure on advocacy to be £3.7 million this year. The £3 million that has been identified is additional.

How was that figure arrived at? Whom did the Executive consult? How was it decided that that was an adequate sum?

Mrs Mulligan:

The group that has been considering the development of the bill examined the advocacy that is provided at the moment. We are not starting a completely new service; we want to build on the good practice that exists. We need to look at how that good practice can be developed while recognising that everything will not be turned on immediately when the bill is enacted and that services will need to be developed incrementally. Over the next three years, we will build up the advocacy service and develop the provision that is already available. That is the way in which the moneys that are identified within the financial memorandum will address the development of the service.

Iain Smith:

I have a final question on advocacy. At the moment, there is uneven provision of advocacy services throughout Scotland—some areas are better than others. It is obvious that there will be particular difficulties in providing adequate services in rural areas, so how does the Executive propose to improve on the existing advocacy service to ensure that there is an adequate service wherever people live in Scotland?

Mrs Mulligan:

As I said, we recognise that there is some provision of advocacy at the moment but, as Iain Smith mentioned, that provision is not available throughout Scotland, nor is it at a level that would meet the requirements of the bill. Therefore, we need to develop that.

As Colin McKay said, the health department is funding the establishment of the Advocacy Safeguards Agency, which will promote and develop independent advocacy. The agency is already up and running and will work with other statutory agencies to ensure that, through examples of good practice, they are able to develop facilities in their areas. The department is also funding the Scottish Independent Advocacy Alliance, which will provide a support network to allow advocacy projects to share information and ensure that advocacy provision is developed.

We are looking to ensure that advocacy is supported throughout the country. Where the service already exists, we want to improve it and where it does not, we want to ensure that it is developed.

John Young:

In recent years, several pieces of legislation have placed additional duties on local authorities in relation to mental health services. Is there a danger that the bill will simply place additional burdens on an already overstretched service that is provided by local authorities? I am playing devil's advocate in asking that question.

Mrs Mulligan:

We are aware that enactment of the bill will result in additional burdens for local authorities. The financial memorandum is designed to address those additional burdens. However, we are also aware that, over the past two to three years, local authorities and NHS boards throughout Scotland have received substantial increases in resources. The projections for the next three years also show increases in resources.

Local authorities should be able to address the demands that are placed upon them to fulfil the requirements of the bill, and ensure that they provide the mental health services that people in their communities demand. The resources are in place and local authorities and health boards have every opportunity to take decisions, in line with local influences, about how they will provide mental health services.

John Young:

In a submission from a witness who gave evidence earlier it was suggested that social workers do not receive additional remuneration when they act as mental health officers. I assume that social workers would act as MHOs only if they had appropriate training and qualifications. Do you know whether additional remuneration will be made available?

Mrs Mulligan:

I understand that in some areas that may be the case. However, local authorities have the power to reward those who take on additional responsibilities. I have to say that, as that point was put to me only today, I am still checking it. My colleagues may want to respond, but the decision comes down to local authorities.

The situation can be variable. Thank you.

Colin McKay:

I would have to check the statutory position. It is certainly the case that people are not paid extra for acting as mental health officers. However, one of the issues that is being considered as part of the review of mental health officers is whether other incentives should be made available that would make it worthwhile for people to train as mental health officers or to take on that role for reasons of professional development or personal satisfaction. The issue is not only about remuneration.

Dr Jackson:

I want to ask about finances. One of the duties that is to be placed on local authorities is the promotion of well-being and social development for people who have mental health problems. It could be argued that that provision is very broad—in saying that I am looking at Colin McKay, who drafted the provision. One would think that the financial implications of that provision could be enormous. I would like to hear ideas on that issue.

The minister also mentioned the year-on-year increases in finance. The Local Government Committee is interested principally in local authority finance; research by the Accounts Commission for Scotland has shown that variation in spending on mental health through social work budgets reflects local authority priorities rather than need.

I think that you said that you would undertake research after the bill was introduced to examine implementation. Will need be examined as part of that research? Should mental health funding be ring fenced? If not, do you envisage that the funding will be given out in such a way that it can be targeted, or does that not need to happen?

Mrs Mulligan:

I will answer the last point before I hand over to my colleague who will reply on the original point. Ring fencing is often raised in respect of the moneys that are made available to local authorities for specific duties. It is also discussed in respect of the moneys that are made available to health boards.

Local authorities will be placed under a duty to deliver on the provisions of the bill as enacted and it is up to them to make decisions on spending their resources in the light of local circumstances. Therefore, we will not seek to ring fence moneys that are made available to local authorities through GAE. However, as Dr Jackson mentioned, we are instigating further research that will follow the introduction of the bill. We want to consider what will be the impact on local authority areas in the light of the resources that are available and the decisions that local authorities have to make.

Are you considering increasing the specific grant?

Mrs Mulligan:

The MISG has been increased by £1 million this year and it will be increased to £20 million next year. The reasoning is that we recognise the benefits of a specific direct grant that is ring fenced. Local authorities are spending additional amounts of their own money—money that is not ring fenced—on mental health. The benefit of not ring fencing everything is that it offers the best of both worlds. Although we will continue to offer the MISG to local authorities, we do not intend to ring fence other moneys in relation to the bill.

Colin McKay:

Sylvia Jackson asked about the research that was likely to be undertaken in relation to the bill. A manager has been appointed to establish a research programme for the bill. The financial memorandum identifies £250,000 a year to run a research programme for a five-year period. We have not been too specific about what that research should involve. We will consult on that and the shape of the research will develop as the implementation process develops.

A research element was included in the system because it is good practice to conduct research on the introduction of a major piece of legislation and because the Millan committee identified a dearth of proper statistical information and research on mental health law. We have some difficulties in knowing exactly what is going on with many services. The report to which the member alluded said that it is sometimes difficult even to get basic management information about how much services cost.

The research programme is intended to evaluate how well the bill works and to identify whether it does all the things that we hope it will do. Much of that work might concern the detailed statutory processes rather than general issues of local authority services. Other sources of information exist. The NHS information and statistics division has instituted a mental health information project, which seeks to obtain much better baseline information on many mental health service issues. Work on financial accountability is taking place. A variety of programmes are in train, which should give us a better picture of how well the bill works and how well the local authority services operate. The precise detail of the research has still to be worked out.

Dr Jackson:

Have you had discussions on the bill with COSLA or with individual local authorities? If so, have the bodies to which you have spoken mentioned the phrase

"to promote the well-being and social development"

of people, which the services that local authorities will have to provide should be designed to do? Local authorities will feel responsible for delivering such services. Their ability to deliver them will depend on resources. Have you received any feedback on that issue?

Colin McKay:

We have not received any great criticism of the phrasing of the bill. There is a mental health legislation reference group, which involves a variety of stakeholders. COSLA and the Association of Directors of Social Work are represented on that group. Although we have probably had more direct discussions with the ADSW than we have had with COSLA, they are both involved in our consultative networks.

The general feedback has been that the approach in sections 20 and 21 has been supported as being consistent with the general duties on local authorities to promote social welfare that are set out in the Social Work (Scotland) Act 1968. The requirement to which you refer has been viewed as an extrapolation of those general duties for people with mental disorders.

The phrasing of sections 20 and 21 was also influenced by "A Framework for Mental Health Services in Scotland", which was published in 1997. It is meant to build on that framework of what one would expect to see in terms of the community services for people with mental health problems and the clinical standards for people with schizophrenia that have been identified by the Clinical Standards Board for Scotland. The general approach is that the sections do not come out of nowhere and do not put totally new burdens on local authorities. Rather, they update and modernise existing duties and responsibilities in a way that tries to allow some flexibility in how the work is done locally.

Dr Jackson:

I have just one more question. I know that it is difficult in my area to deliver a 24-hour crisis service, for example. You have said that the phrase already exists, but will you not be raising expectations? Such services do not happen at the moment, so how will we ensure that we can provide them in the future?

Mrs Mulligan:

We want to raise expectations. We want people to demand a better service and are willing to support that demand, financially and in other ways. We want to see the improvement so that we can respond to people who need such services 24 hours a day, seven days a week. The point of introducing the bill and putting such phrases into statute is to ensure that people recognise their importance and that they must fulfil the demand.

Iain Smith:

I want to follow up on the duties that are imposed on local authorities. Fife Council, supported to some extent by Aberdeen City Council, was concerned that the duties in sections 20 to 27 are too open-ended and without any clarification. It seems that anyone who has or has had a mental disorder or illness may be able to demand open-ended services. There is no counterbalance of needs and resources, so will you examine the drafting to ensure that it clearly provides for such a counterbalance?

Fife Council and Aberdeen City Council were both concerned that, together with the duties imposed on local authorities, there should be a matching responsibility on health authorities to provide services and co-operate with local authorities. Fife Council also expressed a concern in its written evidence that some of the duties imposed in the bill, particularly on compulsory measures of care, might detract from its current investment in preventive work. If it becomes so involved in the compulsory duties, it may not be able to do preventive work. The advocacy service expressed a similar concern, so will you examine those points?

Mrs Mulligan:

On the open-ended nature of certain sections, we would be willing to examine suggestions about how we could make those sections clearer. However, the wording is deliberate so that it allows the flexibility that we want in the system. We have to strike a balance, but we would examine any suggestions.

You asked about the duties on local authorities and joint working with health authorities. Local authorities have always been given duties, while health authorities represent the Executive through the health service, so the same duties have not been placed on them. However, through the joint future agenda, we are saying that we want to see a sharing of responsibilities and joint working on the provision of services to the individual. We want to see that developed further, and there is no question of us placing a duty on one but not the other and thinking that that is how to deliver a service. We want to see a joint approach, which is about delivering a service to an individual rather than questioning who is delivering it.

On the final point about the emphasis on compulsory work rather than preventive and support work, it will obviously be up to local teams to develop their own responses according to their local situations. The way in which that develops will have to be relatively flexible to respond to those situations. That is why we want the bill to be phrased as flexibly as possible. We must be able to offer that service according to the needs of the individual rather than according to the response of the service.

The Convener:

We heard evidence from Aberdeen City Council and from Fife Council, particularly about advocacy. They seem to be concerned not so much about the amount of money that they get as about the way in which they get it. It sounded to me as though they were going through the whole hassle of having to apply for funding again every year, although I thought that we had already done something about that. Is there a reason why the MISG is not allocated on a three-year funding basis, so that councils know what they are going to get? They seem to be saying that it is not, and that is where some of their money comes from.

It takes six months to train someone as a mental health officer, although obviously they have another qualification to start with. However, there seems to be another qualification—I think that it is called a PQ1—that people need before they are allowed to train as a mental health officer. Fife Council witnesses said that they had 10 people who were willing to train as mental health officers, who will be needed once the bill is enacted, but that those people could not do the training because they did not have that qualification. My memory of such matters is that qualified social workers could, if they wished, undertake training as mental health officers. I think that the existing qualifications that those people hold are in social work, rather than the PQ1, although I may be wrong about that. You may not be able to explain the situation now, but perhaps you could look into that. It appears to be a stumbling block to allowing people to undertake further training.

There was also a suggestion that we could follow up what happens with the legislation. As a Parliament, we tend to implement legislation and then let it float away. I am not saying that we should have a House of Lords to check on what the Parliament is doing—that is not the way forward here—but in two or three years' time, we should perhaps have a report on the local trends that people are picking up. That could be fed back to the Executive and we could perhaps have a miscellaneous provisions bill at that stage.

You may not be able to answer all those points right now, but they are issues that have arisen today that the committee would like you to examine so that the bill can be amended as appropriate.

Mrs Mulligan:

I happened to be passing through the office when the question on annuality for the mental illness specific grant was being asked, and I realised that that is perhaps an anomaly. In other areas, we are tending to move towards longer-term awards, or at least longer-term indications. I am more than happy to consider the practicalities of making such a move on the MISG. I recognise that annual allocations can prove difficult, particularly for voluntary sector groups that await their award each year, so that is something that we must examine.

On training for MHOs, as I said to John Young in response to his question on development, I would have to examine the specifics, particularly in relation to the PQ1, which I had not really heard of before.

Neither had I.

Mrs Mulligan:

I am in good company.

We must examine how we develop social workers to enable them to take on the role of mental health officers, recognising the added value that they have. Work is going on at the moment to study the responsibilities of MHOs and how that work is shared. Some qualified MHOs are not performing MHO duties as part of their job, so we are losing the benefit of some people who are already trained, while others are doing that work as part of their job. We need a fuller picture of where those people are, what role they are fulfilling at the moment and whether, with some restructuring, we could deliver a better service to give us the people that we need.

As Colin McKay said, we have not determined the remit for the research that will progress after the bill. However, we recognise the need for a continual review of legislation from the centre to see how it pans out in practice. We must be able to adjust accordingly so that we deliver the service that we intend to deliver and so that the bill has the effect that it is meant to have for those who are involved.

Thank you very much.

Meeting continued in private until 17:29.