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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
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Displaying 975 contributions

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Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

That answer is brilliant, because my next question is about whether there is a risk of impacting the availability of services for people who would wish to access treatment that does not require a formal diagnosis in different settings away from the medical setting. Is that risk a worry to you? I see nodding heads.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

I want to explore the impact of the label “addicted”, which is a contested term—some people like it but others do not. I am wondering about the interaction with the Equality Act 2010, because addiction is not a protected characteristic under that act when it comes to things such as employment law. Does anybody have a comment on that?

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

Thank you for that. My final question is about the fact that, under the bill, a treatment determination should be made “in person”. Would that, in itself, cause any problems? As we know, treatment is, for example, delivered by teleconference in some remote and more rural areas. I do not know whether anybody has a comment to make on that.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

Do you think that that reflects the human rights-based model of practice that we are seeking to ensure that we have, so that people can realise their rights and the duty bearers are taken to task, with an independent advocate who is available?

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

Yes, it is a brief one about the timescales for treatment that Emma Harper has been exploring. I wonder whether we need more detail in the bill SFabout when the clock actually starts and what the starting of that clock actually encompasses. If somebody is seeking access to residential rehab, there is usually quite a lengthy pre-rehab phase, and I wonder whether there is enough detail in the bill to encompass that.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

For the purposes of this session, I declare an interest as a former East Ayrshire Council councillor and COSLA spokesperson.

I want to explore the right to receive a treatment determination. The bill seeks to give people who are diagnosed as having a drug or alcohol addiction by a relevant professional the right to receive a treatment determination and be provided with treatment. However, a number of submissions that we have received highlight concerns about the requirement in the bill for individuals to be given a diagnosis in order to receive a treatment determination and any subsequent treatment. What impact could the requirement to receive a diagnosis for addiction have on people’s ability to access services—particularly people who do not wish to seek a diagnosis? I will start with Eddie Follan and then bring in other witnesses.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

I will hand back to the convener, because I know that we are short of time.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

Thanks. That is most helpful.

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

As someone who used to work as an independent advocate in this area, I think that that is helpful. If something is formalised—MAT standard 8 has started to do that underpinning work—that gives weight to what an independent advocate says to services, which has not always been the case. Would that help in the long run?

Health, Social Care and Sport Committee

Right to Addiction Recovery (Scotland) Bill: Stage 1

Meeting date: 25 March 2025

Elena Whitham

That complexity is key, and it leads on to my next question, which is about advocacy. We know that people require advocacy when they come to deal with such issues. MAT standard 8 is about the independent advocacy and social support that are required. That includes thinking about housing and other, wider factors that we know impact on people’s lives.

Do you think that the bill provides adequate reassurance on the need for independent advocacy and on factoring that into people’s journeys, or do you think that it needs to be strengthened in that regard?