Chamber and committees

The term ‘malnutrition’ can be used to mean a range of different conditions. The definition used here comprises a specific group of diagnoses which would be used to identify cases of protein/energy malnutrition (ICD-10 codes E40-E46 only).

The number of patients admitted to hospital as a result of malnutrition in each of the last 10 years, broken down by age, is as follows:

Social care workers have always been, and continue to be, able to choose to wear a mask.

The Scottish Government’s guidance on the extended use of face masks and face coverings was first published in June 2020. It was an adjunct to guidance for social care workers on the use of face masks within the National Infection Prevention and Control Manual (NIPCM) and the Care Home Infection Prevention and Control Manual (CH IPCM). In September 2022, the face mask guidance for adult social care settings was amended and staff, visitors and service users of adult social care settings stopped routinely wearing face masks. Guidance on the use of face masks had therefore reverted to circumstances as set out in the NIPCM/CH NIPCM with one addition: “Staff, visitors and those receiving care and support may choose to wear a mask and this should be supported”. It was this line of guidance that was withdrawn in May 2023.

Antimicrobial Resistance and Healthcare Associated Infection (ARHAI) Scotland recommended that this line of guidance was removed as it was unnecessary and increased the risk of confusion and misinterpretation, and that guidance on the use of face masks in adult social care settings should revert to the NIPCM, which is based on clinical need and risk assessment. The withdrawal of the extended guidance on the use of face masks and face coverings in social care settings and reversion to the NIPCM/ CH NIPCM does not prevent social care workers from wearing a face mask.

In the 2022-23 Programme for Government, the Scottish Government reaffirmed our commitment to explore a Wellbeing and Sustainable Development Bill to support greater implementation of the National Performance Framework and ensure that the interests of future generations are considered in decisions made today.

Ministers and officials have been engaging with several stakeholders including meeting with Ms Boyack MSP earlier this month. This has assisted with developing policy proposals.

The proposed Bill may seek a statutory requirement that ensures public bodies and local authorities consider the long-term consequences of their decisions for the wellbeing of people in Scotland, including those not yet born. We are considering whether a Future Generations Commissioner is the most appropriate way to ensure the support and accountability which would need to accompany such duties. It will be important to consult widely on this broad policy area to ensure that any legislation is effective.

In the 2022-23 Programme for Government, the Scottish Government reaffirmed our commitment to explore a Wellbeing and Sustainable Development Bill to support greater implementation of the National Performance Framework and ensure that the interests of future generations are considered in decisions made today.

Ministers and officials have been engaging with several stakeholders including meeting with Ms Boyack MSP earlier this month. This has assisted with developing policy proposals.

The proposed Bill may seek a statutory requirement that ensures public bodies and local authorities consider the long-term consequences of their decisions for the wellbeing of people in Scotland, including those not yet born. We are considering whether a Future Generations Commissioner is the most appropriate way to ensure the support and accountability which would need to accompany such duties. It will be important to consult widely on this broad policy area to ensure that any legislation is effective.

The Minister for Parliamentary Business regularly discusses legislative proposals and potential legislative vehicles with his Ministerial colleagues, including the proposed Wellbeing and Sustainable Development Bill. However, introduction of specific primary legislation is considered in the wider context of overall legislative programmes. Decisions on future legislative programmes are a matter for Cabinet and will be announced in relevant Programmes for Government, in the normal way.

In the 2023-24 Programme for Government, the Scottish Government stated its commitment to continue to explore the development of legislative proposals on a wellbeing and sustainable development Bill, to support greater implementation of the NPF, and to ensure the interests of future generations are taken into account in decisions made today.

The Cabinet Secretary and myself have had no discussions with the Scottish Ambulance service since their appointment regarding neonatal transport. The Scottish Ambulance Service and ScotSTAR are members of the Perinatal Sub Group that conducted the Options Appraisal report and continue to be closely involved through that forum in discussions about implementation. The Best Start recommended that a review be undertaken to look at the staffing model for the neonatal transport service and funding was provided by the Scottish Government to the Scottish Ambulance Service to take this forward.

The Scottish Government provides £29m support across a range of Gaelic and Scots organisations, whose activities include the provision of Scots and Gaelic language materials but is not all they do. For Scots, grant funding is provided to the following organisations: Association of Scottish Literary Studies, Scottish Book Trust, Scots Hoose, Scots Radio, Scots Language Centre, Dictionaries of the Scots Language, Yaldi Books and the Doric Board. For Gaelic, grant funding is provided to Storlann, Bòrd na Gidhlig, Sabhal Mòr Ostaig, Local Authorities, E-sgoil, Tobar an Dualchais, Keep Scotland Beautiful, University of Edinburgh, and MG Alba for Speak Gaelic and Film G.

We will continue to work with the UK Government, the other Devolved Administrations and the Gambling Commission over proposals included in the White Paper, which include further restrictions on advertising of gambling across the UK.

Health Boards are responsible for planning services to best meet the needs of their patients.

Service planning and design should take place at a local level and be informed by an assessment of the type, and level, of support required by patients who need to access those services.

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides for rigorous safeguards in respect of individuals’ human rights. Sometimes compulsory treatment needs to be carried out on an emergency basis and consent from a Mental Health Officer (MHO), in addition to authorisation from a medical practitioner, plays an important safeguarding role in these cases.

However, the 2003 Act also recognises that there may be occasions where the urgency of the situation is so great that it would not be practicable for such consultation to take place. In such cases, the practitioner must inform hospital managers who must then inform the Mental Welfare Commission and notify the relevant authority of the reasons why it was impracticable to consult and seek the consent of an MHO.

Whilst we acknowledge that for some of the 60% of cases mentioned the urgency of the case will explain the lack of MHO consent, we also recognise that MHO capacity is a contributing factor. While it is the responsibility of Local Authorities to ensure they have the appropriate levels of MHOs in place, the Scottish Government felt it was necessary to intervene, and since 2019, we have provided additional funding, as well as working with COSLA and other partners to progress a range of actions to improve workforce capacity and MHO training.

In this financial year we have made available an additional £3.71 million to local authorities to build additional MHO capacity. This will help reduce the number of emergency detentions taking place without the additional safeguard of MHO consent.

The Mental Health and Capacity Reform Programme considers how we can update and modernise mental health and capacity legislation to better reflect international human rights standards regarding safeguards. We will continue to work closely with the Mental Welfare Commission on this.