Questions and answers

Question reference: S5W-11518

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 25 September 2017
Current Status: Answered by Aileen Campbell on 16 October 2017

To ask the Scottish Government, as part of its contingency planning for a similar event in Scotland this winter, what assessment it has made of the recent influenza outbreak in Australia.

Whilst the strains of flu circulating in Australia this past winter have led to a significant increase in cases, it is too early to know which strains of flu will dominate in Scotland this coming flu season. The news that the southern hemisphere has experienced its worst flu outbreak in years is a timely reminder that the best way to protect the people of Scotland is by encouraging everyone who is eligible to take up their offer of the flu vaccine.

Health Protection Scotland's weekly updates showing the current epidemiological picture on flu infections across Scotland will be routinely monitored over the winter period to help us detect early warning of imminent surges in activity.

Question reference: S5W-11621

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 28 September 2017
Current Status: Answered by Aileen Campbell on 13 October 2017

To ask the Scottish Government what progress it is making with its proposal that immunisation programmes should be transferred from general practice, and what analysis it has carried out of how this transfer could impact on (a) overall vaccination rates and (b) tackling health inequalities (i) in (A) urban and (B) rural areas and (ii) among older or vulnerable people.

The Government is in the process of establishing the Vaccination Transformation Programme to take forward this work. The programme will run for three years and will support a geographically phased transformation, with NHS Boards developing local plans to deliver the changes at a pace and in the order that best suits local needs and on the basis of local agreement with all relevant partners and stakeholders. Health Boards are currently developing plans for the first year of the programme. Maintaining vaccination uptake rates, and the safety and sustainability of vaccine delivery, are key objectives of the programme.

Question reference: S5W-11520

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 25 September 2017
Current Status: Answered by Aileen Campbell on 13 October 2017

To ask the Scottish Government what action it is taking to increase uptake rates for the influenza vaccine in each eligible group.

The Scottish Government runs an annual flu marketing campaign to promote the flu vaccine and increase uptake amongst those who are eligible. This year's national campaign will highlight the importance of the flu vaccine which will both raise awareness and also challenge perceptions of the risks and consequences of flu amongst different eligible groups. The campaign will include television and radio adverts, pharmacy bags, leaflets, engagement with various stakeholder organisations and a range of PR and online activity. National invitation letters have also been sent to everyone over the age of 65 and all children aged 2-5 and primary school aged children inviting them to take up the offer of the flu vaccine.

Question reference: S5W-11671

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Aileen Campbell on 13 October 2017

To ask the Scottish Government how many under-eight-year-olds have had their stomach pumped in each year since 1999, broken down by (a) NHS board and (b) age.

Question reference: S5W-11653

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Kevin Stewart on 12 October 2017

To ask the Scottish Government how many applications by householders for grants to help adapt housing there have been in each year since 1999, broken down by local authority, and how many have been approved.

Question reference: S5W-11494

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 25 September 2017
Current Status: Answered by Maureen Watt on 10 October 2017

To ask the Scottish Government what its position is on whether the forced treatment of a mental health patient prior to the facts having been established is compatible with the case-law of the European Court of Human Rights.

Scottish mental health and incapacity legislation is based on rights and principles. We believe that the 2003 Act is fully compliant with the European Convention on Human Rights (ECHR). The 2003 Act has never been found, in part or in whole, by the European Court of Human Rights to be not compliant with ECHR.

Most people who use mental health services receive treatment without being subject to an order or certificate under the Mental Health (Scotland) (Care and Treatment) Act 2003. For some individuals however, compulsory treatment is used to provide the person with medical treatment to alleviate suffering and for the protection of both the person and others. Compulsory treatment is only allowed under mental health legislation in Scotland in very strict circumstances.

Question reference: S5O-01334

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 27 September 2017
Current Status: Answered by Shona Robison on 4 October 2017

To ask the Scottish Government how many acute hospital beds there are in NHS Lothian, and how this compares with 2007.

Official statistics on hospital beds are routinely published on the ISD website.

In line with modern health care systems, care patterns are changing in Lothian, more care is being delivered in the community, there are shorter hospital stays, and more same day surgery without need for overnight stays – which is good for patients. The published statistics show there were 2,518 in 2006-07 and 2,357 in 2015-16. Statistics for 2016-17 will be published in the autumn.

The length of hospital stays has fallen – in the last four years elective lengths of stays have reduced by 10% and emergency length of stays by 4%.

The bed statistics only measure beds that are in operation 24 hours a day. They do not measure beds used only for day surgery. In 2015/16 there were over 60,000 day case discharges - up 8% from 2006/07.

It is worth noting that the Royal Infirmary of Edinburgh in NHS Lothian is a PFI hospital.

Question reference: S5F-01601

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 02 October 2017
Current Status: Taken in the Chamber on 5 October 2017

To ask the First Minister what the Scottish Government’s response is to the concerns of frontline nursing staff in Scotland, which have been highlighted in the RCN report, Safe and Effective Staffing: Nursing Against the Odds.

Question reference: S5W-11346

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 September 2017
Current Status: Answered by Maureen Watt on 28 September 2017

To ask the Scottish Government what its position is on the interpretation of the Convention on the Rights of Persons with Disabilities that was contained in the report presented by the UN High Commissioner for Human Rights to the UN's Human Rights Council in March 2017, in particular the view that "Guaranteeing informed consent is a fundamental feature of respecting an individual's autonomy, self-determination and human dignity" and "States should repeal legal frameworks allowing substitute decision makers to provide consent on behalf of persons with disabilities and introduce supported decision-making, ensuring its availability for those who request it."

The UN Human Rights Council is currently in session and is considering the report presented by the UN High Commissioner for Human Rights. The Scottish Government has contributed to the discussion of a resolution which looks to address the global burden of obstacles in mental health, to provide effective mental health and community-based services, and to respect the enjoyment of legal capacity on an equal basis with others. We await the outcome of the negotiations amongst UN member states.

In Scotland, we are proud that our mental health legislation promotes rights and is based on principles. The Mental Health (Scotland) Act 2015 improves existing legislation to ensure the system works as effectively as possible for service users and builds on existing measures and principles around named persons, advocacy and advance statements, which will encourage service users’ involvement in decisions about their care and treatment and help strengthen support for decision making.

Article 12 of the UNCRPD requires that persons with disability should be able to access the support they need to exercise their legal capacity. This means the person should be at the forefront of all decision making. Supportive decision making and the determination of the rights, will and preferences of the person are paramount. We are currently reviewing the Adults with Incapacity (Scotland) Act 2000 and developing a range of proposals for legislative reform, including the introduction of supported decision making. We take the view that by devising a system which makes it easier to secure only those powers that are absolutely necessary will safeguard the financial status and welfare of the person concerned. Under such an arrangement, the person would then be free to make other decisions about their lives, with the appropriate support if required. Informal consultation has already been carried out with a range of stakeholders and a full formal consultation will launch later in the year.

We believe that this approach is aligned to the ideals enshrined in the UNCRPD and our intention is for legislative changes to the Act to include the provision of appropriate support for decision making.

Question reference: S5W-11285

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 September 2017
Current Status: Answered by Humza Yousaf on 28 September 2017

To ask the Scottish Government how many members of the Edinburgh Tram Inquiry team are, or have been, paid at a daily rate.

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