Chamber and committees

The Scottish Government has not undertaken a specific assessment of the environmental, economic, or social case for establishing a strategically designed network covering at least 30% of Scotland's inshore waters within which bottom-towed fishing is excluded and regulated static-gear fishing is permitted.

The Scottish Government is, however, consulting on proposed fisheries management measures for Marine Protected Areas (MPAs) where restrictions are considered necessary to support site conservation objectives, as well as proposals to protect the 11 Priority Marine Features that are most sensitive to bottom-contact mobile fishing gear. The development of these proposals has been informed by extensive stakeholder engagement and assessments of relevant environmental, social, and economic considerations.

Decisions on care pathways, referral arrangements and access to specialist input are operational matters for NHS Boards and NHS Scotland services. These decisions must take account of local population needs, clinical demand, workforce capacity and available resources.

The Scottish Government recognises the importance of improving awareness and understanding of Postural Tachycardia Syndrome PoTS among healthcare professionals to reduce delays in diagnosis and variation in the advice and support that patients receive.

Healthcare Improvement Scotland has completed a rapid evidence review on PoTS, and an interim signposting document has been developed to guide clinicians to current evidence-based resources for the management of PoTS in adults with Long Covid and post-viral syndromes. While PoTS is not limited to these contexts, this resource may be helpful where it is clinically relevant. The document is available on the NHS Scotland Long Covid Network website at: https://www.nn.nhs.scot/longcovid/for-professionals/.

(a) The Scottish Government does not hold data regarding individuals subject to community based Compulsion Orders.

Data shows that there are currently 15 individuals subject to a Compulsion Order and Restriction Order and conditionally discharged to the community from medium secure care.

• 9 individuals under the responsibility of NHS Lothian
• 5 individuals under the responsibility of NHS Greater Glasgow & Clyde
• 1 individual under the responsibility of NHS Fife

There are currently no individuals subject to a Compulsion Order and Restriction Order and conditionally discharged from high secure care.

Individuals subject to a Compulsion Order and Restriction Order can also be conditionally discharged from low secure care.

(b) It would be inappropriate to comment on the circumstances of individual cases. The Scottish Government receive regular reports regarding patients on conditional discharge from the Responsible Medical Officer, Mental Health Officer and Community Psychiatric Nurse. Together, these reports provide a multidisciplinary view of a patient’s mental health, care and treatment, progression in the community and management of identified risks.

Ministers also receive notification of any adverse event regarding patients subject to a Compulsion Order and Restriction Order who are conditionally discharged. This includes notification of any serious incidents, concerning behaviour or further offending. The multi-disciplinary community care team will report concerns regarding any aspect of management of the patient and provide sufficient information to enable Scottish Ministers to consider whether the patient may remain in the community, or whether for the protection of the public, steps should be taken to return the patient to hospital.

In the last five years one patient subject to a Compulsion Order and Restriction Order who was conditionally discharged from medium secure care was recalled to hospital. The circumstances did not involve any further offending.

The Scottish Government, together with the other UK nations, is planning to evaluate the impact of the policy, including on the incidence of neural tube defects and on population health more widely. It is important that both the anticipated benefits and any potential adverse effects are considered as part of this evaluation.

The level of folic acid fortification will be kept under review as part of the evaluation of this policy. Work is underway to identify and establish appropriate baseline and post-implementation measures so that the impact of fortification can be robustly assessed, including any emerging evidence relating to groups who may be at increased risk of adverse effects.

Decisions regarding recruitment and workforce planning to meet population needs are the responsibility of individual NHS Boards.

Scottish Government officials have regular engagement with NHS Boards, including NHS Fife, regarding the development of specialist support services for people with long COVID, ME/CFS and related conditions through the recurring £4.5 million annual funding provided for these services. These discussions have focused on service development, workforce capacity and delivery arrangements rather than decisions relating to specific posts or vacancies.

The recurring funding provides Boards with flexibility to recruit staff and develop sustainable models of care that reflect local circumstances and workforce availability.

We remain committed to improving care and support for people living with ME/CFS across Scotland through the ongoing development of specialist services and collaborative approaches where appropriate.

Patients subject to a Compulsion Order and Restriction Order can only be conditionally discharged by the Mental Health Tribunal where detention in hospital is no longer necessary.

Conditionally discharged restricted patients remain subject to their orders, must comply with conditions of discharge imposed by the Mental Health Tribunal for Scotland, and are subject to ongoing supervision by their Responsible Medical Officer, Mental Health Officer and Community Psychiatric Nurse, with regular reports provided to Scottish Ministers by each of them. Scottish Ministers can vary the conditions of discharge where necessary or recall a conditionally discharged patient to hospital. The clinical practice of the Responsible Medical Officer and the wider multidisciplinary team is, in turn, subject to the relevant NHS Board’s clinical governance arrangements.

Formal multidisciplinary risk assessments must be updated annually. Monitoring and review are ongoing and are undertaken by the multidisciplinary team through the Care Programme Approach, with arrangements reviewed in light of any changes in the patient's circumstances or risk. Restricted patients are also managed through Multi Agency Public Protection Arrangements (MAPPA), which provide for information sharing, coordinated risk management and regular multi-agency review.

The Mental Welfare Commission for Scotland’s (MWC) 2006 inquiry into the care and treatment of Mr L and Mr M examined aspects of the management of a restricted patient following conditional discharge and identified lessons for the care, treatment and risk management of other restricted patients. Its recommendations informed the revised Memorandum of Procedure on Restricted Patients, published in 2010.

The MWC inquiry was case specific rather than a review of the national arrangements as a whole, and there has been no subsequent independent review of the current national arrangements in their entirety.

Through Scotland’s Rare Disease Action Plan, we are taking forward actions to improve support for people with Ehlers-Danlos syndromes (EDS) and Hypermobility Spectrum Disorders (HSD). This includes work to improve healthcare professionals’ education and awareness. The Rare Disease Action Plan Progress Report, published on 27 February 2026, provides an update on progress to date.

The Scottish Government is not currently considering a proposal to establish a network of static-gear reserves covering at least 30% of Scotland's inshore waters.

I refer the member to the answer to question S7W-02777 on 15 September. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The Mental Welfare Commission (MWC) submitted a final report to the Scottish Government with proposals for the Investigation of Mental Health Homicides in 2022, following a consultation published in 2017. The Scottish Government provided funding for the MWC to pilot their proposed approach in 2023-24, alongside their proposals regarding investigating the deaths of people subject to detention under the Mental Health Act. The Scottish Government is currently working with the MWC to revisit and develop these proposals, informed by the lessons learned from the pilot work.