The Bill aims to establish a Patient Safety Commissioner for Scotland, who would:
This is a Government bill
The Bill became an Act on 7 November 2023
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill establishes a new office of Patient Safety Commissioner for Scotland.
The Patient Safety Commissioner will:
The Commissioner will have various functions, including the power to investigate health care safety issues. During an investigation, the Commissioner can require health care providers or individuals to provide relevant information.
The Commissioner must publish reports on health care safety issues and make recommendations as to how these issues can be addressed. The Commissioner can require a health care provider or an individual to respond to any recommendations.
The Scottish Government has introduced the Bill in response to recommendations made by the Independent Medicines and Medical Devices Safety Review (“the Cumberlege Review”).
The Cumberlege Review was launched by the UK Government. It was created in response to a number of cases where patients’ concerns about the safety of their medical treatment had not been listened to, resulting in harm.
The Bill aims to create a Patient Safety Commissioner who would:
Patient Safety Commissioner for Scotland Bill as introduced (1MB, pdf) posted 06 October 2022
Explanatory Notes (184KB, pdf) posted 06 October 2022
Policy Memorandum (238KB, pdf) posted 06 October 2022
Financial Memorandum (210KB, pdf) posted 06 October 2022
Delegated Powers Memorandum (98KB, pdf) posted 06 October 2022
Statements on legislative competence (87KB, pdf) posted 06 October 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual sections.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill in a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the person introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Patient Safety Commissioner for Scotland Bill research briefing
The Bill was introduced on 6 October 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees can also examine the Bill and report to the lead committee.
A Stage 1 debate took place on 10 May 2023 to consider and decide on the general principles of the Bill.
Read the minutes of proceedings (171KB, pdf) posted 10 May 2023
See further details of the motion
The Bill ended Stage 1 on 10 May 2023
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 13 June 2023.
Marshalled List of Amendments for Stage 2
Patient Safety Commissioner for Scotland Bill revised explanatory notes
The Bill ended Stage 2 on 13 June 2023
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 27 September 2023.
Marshalled List of Amendments for Stage 3
Timed Groupings of Amendments for Stage 3
Once MSPs have debated and decided on the amendments, they debate whether to pass the Bill.
Result 114 for, 0 against, 0 abstained, 15 did not vote Agreed
See further details of the motion
Printing changes
Printing changes are changes to the text of a Bill for which amendments are not required. It will not change the legal effect of the Bill.
Patient Safety Commissioner for Scotland Bill printing changes after the Bill as Passed
The Bill ended Stage 3 on 27 September 2023
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only become law on a later date. Sometimes different bits of the same Act become law on different dates.