Mental Health and Disability Law Sub-Committee
Fatal accident inquiry consultation
The Mental Health and Disability Sub-Committee has recently
responded to a Scottish Government consultation paper
entitled, Review of Fatal Accident Inquiry Legislation.
The paper considered the operation of the Fatal Accidents and
Sudden Deaths Inquiries (Scotland) Act 1976 and posed general
questions on the purpose and features of an FAI; the forum in which
it should be held; jurisdictional issues, such as deaths abroad and
multiple deaths in more than one jurisdiction as well as more
specific questions on the decision that an FAI should be held,
procedural matters and determinations of sheriffs.
Public Services Reform (Scotland) Bill
The sub-committee has been involved in dialogue with the
minister for public health over proposals for the abolition of the
Mental Welfare Commission. The Commission has been included in the
list of public bodies subject to a wide-ranging ministerial order
making power in the Public Services Reform (Scotland) Bill. The
sub-committee strongly opposes this move on the grounds that a body
independent from the government is in the best interest of
protecting vulnerable individuals with mental health problems. The
sub-committee's comments are included in the Law Reform Committee's
response to the Finance Committee of the Scottish Parliament.
Review of the Mental Health (Care and Treatment) (Scotland) Act
2003
Since the Mental Health (Care and Treatment) (Scotland) Act 2003
came into force, it has generally been well regarded by service
users and their carers in Scotland, and by mental health
professionals. However, some issues arose in respect of the
operation of the Act - notably in relation to named persons,
advance statements and multiple hearings. This prompted the
Minister for Public Health and Sport, Shona Robison MSP, to appoint
a review group, chaired by Professor Jim McManus, in January 2008
to undertake a limited review of the Act to consider efficiency and
patient experience of the Act. The review group reported
back in March 2009. This consultation paper seeks views on the
recommendations made by the review group.