The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1260 contributions
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
COSLA’s submission says that COSLA would request that all directly employed local government employees in the sector be removed from the scope of any negotiation arrangements. How would that work in practice? Thinking about the parity of esteem and everything that has been sought, could removing local government employees working in social care from the negotiations work? What would be the consequences? I know that from COSLA’s perspective it is about the job-matching processes in local authority areas. Could we explore that a bit?
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
Thank you.
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
Good morning. I am interested in exploring some issues relating to the “National Collaborative Charter of Rights for People Affected by Substance Use” that was developed by the national collaborative and everyone who played a part in it. More generally, I am also interested in the enforcement of individuals’ rights and how all that interplays with the bill. The cabinet secretary will be very aware of the launch of the charter of rights, which states:
“Once the proposed Scottish Human Rights Bill becomes law these internationally recognised rights”
as set out in the charter of rights
“will also become enforceable in our tribunals and courts”.
Evidence from the Scottish Human Rights Commission noted that some of the rights that the charter of rights sets out are not yet enforceable in domestic law, because they have not been incorporated, while Audit Scotland noted that people are still facing significant barriers to getting support. We know that that is due to stigma and limited access to services in rural areas, for example. How would the bill as set out complement the charter of rights for people who are affected by substance use, or could it come into conflict with it?
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
If the bill were enacted, how might it align with any future human rights bill in Scotland? The proposed human rights bill has been delayed and will not be enacted during this parliamentary session. The current Scottish Government has promised that it will tick over into the next parliamentary session and that it will be lodged then. I am interested in understanding how this bill might align with a Scottish human rights bill.
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
The last area that I will look at is the enforcement of rights. Thinking about the current situation rather than a hypothetical one, although we do not have a crystal ball, let us assume that a Scottish human rights bill will be lodged in the next session of the Parliament. I would be interested to hear what steps the Scottish Government is taking to ensure that people who experience substance use are able to realise their existing rights in the absence of this bill, as it is proposed, and in the absence of a Scottish human rights bill that would underpin and make those rights enforceable. We hear that people are not always able to realise the treatment that they seek in their local areas. Right now, there is an enforcement gap in the system, as people are not able to challenge decisions effectively or do not know the routes that are open to them.
12:15Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
Yes.
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
I have a final question on this. At the moment, how are individuals able to challenge the treatment that they receive or that they are not receiving but would like to receive? What redress do they have just now? How do they realise their existing rights in domestic law?
Health, Social Care and Sport Committee [Draft]
Meeting date: 20 May 2025
Elena Whitham
That is helpful.
Rural Affairs and Islands Committee
Meeting date: 14 May 2025
Elena Whitham
The first part of my question is about your views on the Scottish Government’s decision not to include a non-regression clause in part 2, but we have already heard your views on that quite clearly. Are there alternative approaches to framing the powers that you would like to see in the bill? For example, would you like things such as protection for certain aspects of the core aims of the regimes or a requirement for additional consultation, scientific input or, indeed, parliamentary scrutiny of changes that could arise? In the absence of a non-regression clause, would there be other ways to consider the powers in the round and to start to curtail where the powers could go? Alternatively, you could just come back and tell me your views on the absence of a non-regression clause.
Rural Affairs and Islands Committee
Meeting date: 14 May 2025
Elena Whitham
The second point that I was going to come back to is about expertise. The issue is not just about capacity in terms of resourcing but about the individuals who undertake work in closer-to-shore activity in the marine space, especially those who work for local authorities. We are thinking about high-energy waters and trying to understand how a site could work in that space. Is there the expertise for that?