Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-05757

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Tuesday, 20 December 2016
Current Status: Answered by Shona Robison on 13 January 2017

To ask the Scottish Government what the (a) terms of reference and (b) parameters are of the health and social care targets review; whether the review will consider the key performance indicators of the integrated health boards; what its timeline is; who the members of the review team are; by what date the findings will be published; whether it will publish the review in full, and when it will be in a position to implement the recommendations.

The review will look at how targets and indicators support the Government's strategies for the improvement of health, the future of the NHS and social care services, and support best use of public resources to ensure that we have a clearly understood and improved national measurement framework across the whole health and social care system and a focus on the outcomes to be achieved. The review will consider the 20 Local Delivery Plan Standards for the NHS in Scotland and the core suite of indicators for Health and Social Care.

The Scottish Government has asked the chair of the national review of health and social care targets and indicators to provide initial recommendations to Ministers by the end of March 2017 and will publish the report along with its response once it has had an opportunity to consider the recommendations.

I refer the member to the answer to question S5W-04778 on 30 November 2016 which sets out a list of the organisations invited to nominate a representative to join the Expert Group. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

Question reference: S5W-05316

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Wednesday, 21 December 2016
Current Status: Answered by Maureen Watt on 12 January 2017

To ask the Scottish Government whether it will consider repealing section 242 of the Mental Health (Care and Treatment) (Scotland) Act 2003 on the grounds that it may deprive an adult with capacity the right to refuse treatment.

The Scottish Government is not currently considering repealing section 242 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (‘the 2003 Act’).

Section 242 sets out the circumstances and safeguards for the giving of certain treatment to a person where the giving of medical treatment is authorised by virtue of other sections of the 2003 Act or by the Criminal Procedure (Scotland) Act 1995. The section sets out the giving of relevant treatment both to persons who are capable of consenting (including where the person consents) and those who are not capable of consenting.

Whilst not the only criterion, significant impairment of decision-making ability because of mental disorder (as defined by the 2003 Act) is taken into account when treatment is authorised by the 2003 Act. Significantly-impaired decision making ability is used rather than incapacity as it was recommended as one of the criteria in Chapter 2 of the 2001 report by the Millan Committee which forms the basis of the 2003 Act.

Alongside the requirements and safeguards in section 242 for the giving of treatment, any function carried out under the 2003 Act must be in line with the principles set out in section 1, including the present and past wishes and feelings of the patient; the importance of the patient participating as fully as possible; and the importance of providing maximum benefit to the patient.

The Scottish Government is committed to ensuring Scotland's mental health law continues to build on the 2003 Act. The recent Mental Health (Scotland) Act 2015 was the outcome of the McManus review and strengthened measures in the Mental Health (Care and Treatment)(Scotland) Act 2003 that promote support for decision making. The 2015 Act is currently being implemented and we are looking at ways to further promote rights-based practice under the 2003 Act in areas such as treatment, including when updating the statutory guidance in the Code of Practice.

An upcoming review which will consider whether the provisions in the 2003 Act fulfil the needs of people with learning disabilities and autism, which may include the giving of treatment under the Act to persons with learning disabilities and autism.

Question reference: S5W-05729

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 19 December 2016
Current Status: Answered by Shona Robison on 12 January 2017

To ask the Scottish Government whether NHS Scotland currently procures any pharmaceuticals, such as antibiotics, from Aurobindo's UK subsidiary, Milpharm Ltd, and, if so, what the value of these is.

Central procurement of drugs and medicines on behalf of NHS Scotland is the responsibility of National Services Scotland National Procurement.

MilPharm Ltd (the UK subsidiary of Aurobindo) supply a number of medicines to NHS Scotland under the NHS Scotland Antibiotics and Genito Urinary medicines framework and the NHS Scotland HIV Generic Medicines framework. These were tendered through formal public procurement processes, in compliance with EU public procurement law.

The total value of MilPharm medicines under these frameworks is approximately £460,000 per annum.

Question reference: S5W-05513

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 19 December 2016
Current Status: Answered by Shona Robison on 12 January 2017

To ask the Scottish Government whether it will provide a breakdown of A&E (a) admissions and (b) waiting times in 2016, broken down by (i) age profile and (ii) NHS board.

Question reference: S5W-05727

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 19 December 2016
Current Status: Answered by Michael Matheson on 12 January 2017

To ask the Scottish Government whether statistics on the performance of G4S regarding the Scottish Prison Service escort/transport contact are kept centrally and, if so, whether these will be published.

Question reference: S5W-05725

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 19 December 2016
Current Status: Answered by Michael Matheson on 12 January 2017

To ask the Scottish Government what key performance indicators are stipulated in the escort/transport contract with G4S and the Scottish Prison Service.

Question reference: S5W-05726

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 19 December 2016
Current Status: Answered by Michael Matheson on 12 January 2017

To ask the Scottish Government whether there are any sanctions for non-performance stipulated in the escort/transport contract between G4S and the Scottish Prison Service and, if so, what they are.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

I would advise that the information which answers the member’s question is accessible on the SPS website in Schedule D of the Court Custody and Prisoner Escort Services (CCPES) contract and Section 14 of the Minute of Agreement, held at:

http://www.sps.gov.uk/Corporate/Publications/Contracts7.aspx

Question reference: S5T-00307

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 09 January 2017
Current Status: Taken in the Chamber on 10 January 2017

To ask the Scottish Government what its response is to reports of an increase in the number of people dying in hospital while waiting to be discharged because their care package had yet to be finalised.

Question reference: S5W-05312

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 12 December 2016
Current Status: Answered by Shona Robison on 9 January 2017

To ask the Scottish Government what safeguards are in place to ensure that the security measures specified by the UK Government for the transportation of controlled drugs are adhered to by (a) NHS boards and (b) private and independent pharmacies.

The Scottish Government issued guidance to NHS Scotland following the introduction of the Health Act 2006 by the UK Parliament and the governance arrangements for controlled drugs which the Act and subsequent relevant Regulations put in place:-

www.sehd.scot.nhs.uk/mels/CEL2007_14.pdf

www.sehd.scot.nhs.uk/mels/CEL2008_07.pdf

The legislation requires all healthcare organisations holding stocks of controlled drugs to appoint Accountable Officers responsible for the safe, appropriate and effective management and use of controlled drugs.

In NHS Scotland, Controlled Drugs Accountable Officers (CDAOs) are responsible for ensuring the safe management and use of controlled drugs within their organisation. CDAOs should ensure that their own organisation, and those providing services to their organisation, have adequate and up-to-date Standard Operating Procedures (SOPs) in relation to controlled drugs. The CDAO Network publishes and updates guidance on good practice in the management of controlled drugs in primary care, including monitoring, auditing and reporting:-

www.knowledge.scot.nhs.uk/media/CLT/ResourceUploads/4055959/Primary_Care_Guide_Scotland_v.2.0_171114.pdf

In addition, the General Pharmaceutical Council (GPhC), the pharmacy regulator in Great Britain, sets standards for all registered pharmacies which includes requirements for medicines to be stored securely and supplied safely to patients, and for each pharmacy to identify and manage risks associated with the service they provide. GPhC inspections cover the full range of services a pharmacy provides, including any medicine delivery services.

The GPhC also shares intelligence and works collaboratively with various regulatory bodies and organisations across Great Britain, such as the Home Office, the Medicines and Healthcare Products Regulatory Agency (MHRA) and local Controlled Drug Accountable Officer Networks to help achieve collective patient safety and public protection aims.

Question reference: S5W-05313

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Monday, 12 December 2016
Current Status: Answered by Shona Robison on 9 January 2017

To ask the Scottish Government how it ensures that pharmacies are correctly auditing their couriers on a routine basis to ensure that they are fit for purpose, as specified in UK Government guidelines.