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In Spain, article 22 of the penal code makes provision for gender to be considered as an aggravating factor, but we have no information on how it is being used.
I accept that it is an important point, but Iain Smith was—albeit for a rather brief period—a minister in the previous Administration, and he knows very well that it is a feature of the Scottish ministerial code that the fact and the content of legal advice should not be commented upon.
I ask the member to acknowledge that, from 2001 to 2006, there was a code of voluntary reporting, so, although the figure is exceptional, it might have been grossly underreported.
We can take the code into account in that respect, but we cannot impose it on anyone.If we want to have a coherent policy across Europe, there must be coherent action across Europe.
A volunteer test purchaser is controlled by the national code of guidance, which is scrupulously fair—in my view, it is overfair—therefore we would never use someone who looked older.
However, section 25 of the 1990 act clearly states that a code of practice will be imposed on those who wish to exercise the right to conduct litigation.
I appreciate that it would look a lot more accurate if we could put down “heart attack”, “stroke” or some other diagnosis that makes total medical sense, but it is debatable whether it is good to push doctors into putting down a diagnosis to fit some coding when they are not in the slightest bit certain that it caused the death.
They came to us to have the kidney transplant, then went back to the renal unit, so all the coding showed that the physician did all the surgery, and none of the surgeons ever got credited for the time that they spent doing renal transplants.