Chamber and committees

Labour will not support this motion tonight, as we believe that there is more work to be done to ensure that these regulations are proportionate and appropriate for children.

This particular SSI seeks to amend the Mental Health (Safety and Security) (Scotland) Regulations 2005 to add Foxgrove, a new national in-patient facility for children and young people aged 12 to 17, which is located at the Ayrshire central hospital in Irvine, to the list of hospitals that are subject to the regulations.

Agreeing to the regulations would mean that young patients would be subject to the same measures as currently apply to adult facilities under the regulations, such as the searching of patients and their belongings; the sampling of certain body fluids or tissues; placing restrictions and the prohibition of visits; and the placing of restrictions on the kind of things that patients might have with them in hospital, and possibly the confiscation of items.

Labour welcomes the introduction of much-needed specialist services, but we remain concerned that more work needs to be done to ensure that these regulations do not undermine the human rights of children, including those set out in the United Nations Convention on the Rights of the Child.

In written evidence to the Health, Social Care and Sport Committee, the national youth justice advisory group said:

“NYJAG don’t believe the measures should be authorised as they stand as children under eighteen have different levels of need and maturity”.

The Children and Young People’s Commissioner Scotland said:

“We ... recommend that alternative proposals be developed, using as a starting point the Secure Care Standards and Pathways”.

In addition, the centre for mental health and capacity law at Edinburgh Napier University said:

“There should ... be a detailed human rights impact assessment undertaken in addition to this limited consultation.”

Indeed, a consultation on the regulations lasted just two weeks, receiving only nine responses, and many were unaware that it was taking place.

A full children’s rights and wellbeing impact assessment has not been completed, and there are legitimate concerns to do with the consent and capacity of the patients, given their age and varying complex needs. Although I appreciate that the minister committed to conduct a children’s rights and wellbeing impact assessment when she was before the Health, Social Care and Sport Committee last week, such an assessment should have been completed prior to the regulations being laid in Parliament.

On that basis, Labour will not support the regulations tonight. I would encourage members of all parties to vote with us and to defer the regulations until a full children’s rights and wellbeing impact assessment and a satisfactory level of consultation with critical stakeholders have been undertaken.

Does the minister recognise that initiatives such as the ScotGrad scheme have been particularly effective not just in placing postgraduate students from an international background in Scottish businesses but in encouraging export growth by using indigenous foreign language skills to promote business development activity, which helps to grow the Scottish economy and creates a virtuous cycle?

Is the member aware that, during the 19th century, Scotland’s population increased by more than 140 per cent, so there are historical precedents for Scotland performing much better?

The cabinet secretary has said that he must be guided by the need to ensure that we do not harm the shipyard’s ability to compete for and secure future work. On that, we certainly agree.

It is also agreed that, as verified by consultants, to be competitive, the shipyard needs capital investment, particularly in a new panel line supplied by Pemamek of Finland. Other shipyards in the UK, such as Harland & Wolff in Belfast, are investing in such technologies. It also fits well with the UK Government’s national shipbuilding strategy refresh.

Will the Scottish Government consider creating a programme of investment, perhaps through the Scottish National Investment Bank and Scottish Enterprise, that is available to all shipbuilding activity in Scotland regardless of ownership, and which will allow for such capital investments to be made to achieve the national strategic objective of growing a shipbuilding industry? That would get round the restrictions of the commercial market operator test, which the cabinet secretary identified. Will he consider that measure?

Does the member recognise the supreme irony of the Home Secretary’s comments about homelessness being a “lifestyle choice” when it is Home Office policy that risks putting more than 1,400 people on the streets of Glasgow imminently because of the expedited approach to resolving asylum claims in the city?

Does the member recognise that other federal migration systems, such as Canada’s provincial nominee programme, could be beneficial to Scotland and could be the basis for further negotiation under the devolved settlement?

Will the member take an intervention?

I thank the minister for giving way. He has been very generous with his time.

The minister mentioned the need to recruit health and social care workers, which has been a particular area of concern. Does he recognise Unison’s recent condemnation of the proposal to increase visa fees for workers? Perhaps there is an opportunity for the Scottish Government to create a patient loan scheme or a grant scheme to incentivise workers to move to Scotland without having to incur those huge visa fees. That would be very cost effective.

Community link worker posts are set to be reduced from 64 to 42 in Glasgow from next year. This week, one Glasgow general practitioner told the BBC that those cuts could result in lives being lost. I understand that the Government has put a funding offer to the health and social care partnership in Glasgow, but that that was rejected.

Can the First Minister please provide an update on discussions with the health and social care partnership and advise what options remain to save those critical and cost-effective roles in some of our most deprived communities?

Members across the chamber will be familiar with young people who have struggled to access mental health support. The Government made a commitment that 10 per cent of NHS expenditure would be dedicated to improving mental health, but that target is still not being met—in fact, funding is currently £180 million adrift in cash terms. How does the minister justify that? How will she ensure that people can access mental health services, given that the Government is so far off meeting the target?