Stage 1 Report on Smoking, Health and Social Care (Scotland) Bill

Volume 1: Report

CONTENTS

Remit and Membership

Executive Summary

Introduction

Part 1:
Prohibition of Smoking in Certain Wholly Enclosed Spaces

Purpose of this part of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 2, Sections 9 and 10:
Free Oral Heath Assessments, Dental Checks, Eye Examinations and Sight Tests

Purpose of these sections of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 2, Section 11, 12, 13 and 14:
General Dental Services

Purpose of these sections of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 2, Section 15, 16 and 17:
Listing Additional Categories of Dental Practitioners, Optometrists and Ophthalmic Practitioners

Purpose of these sections of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 3:
Pharmaceutical Care Services

Purpose of this part of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 4:
Discipline

Purpose of this part of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 5, Section 24:
Hepatitis C Payments

Purpose of this section of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 5, Sections 25, 26 and 27:
Amendment of Regulation of Care (Scotland) Act 2001

Purpose of these sections of the bill
Overall views of those submitting evidence
Committee’s overall view

Part 5, Sections 28 and 29:
De-registration with the Care Commission

Purpose of these sections of the bill
Overall views of those submitting evidence
Committee’s overall view

Part 5, Section 30:
Authorisation of Medical Treatment

Purpose of this section of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 5, Section 31:
Joint Ventures

Purpose of this section of the bill
Overall views of those submitting evidence
Committee’s overall view
Specific issues raised by those giving evidence

Part 5, Section 32:
Scottish Hospitals Endowment Research Trust

Purpose of this section of the bill
Overall views of those submitting evidence
Committee’s overall view

Annex A: Reports from secondary committees and Heath Committee study visit to Ireland

Finance Committee Report
Subordinate Legislation Committee Report
Health Committee study visit to Ireland

Annex B: Extract from Minutes

7 December 2004 (29th Meeting, Session 2 (2004))
11 January 2005 (1st Meeting, Session 2 (2005))
25 January 2005 (3rd Meeting, Session 2 (2005))
22 February 2005 (5th Meeting, Session 2 (2005))
1 March 2005 (6th Meeting, Session 2 (2005))
8 March 2005 (7th Meeting, Session 2 (2005))
15 March 2005 (8th Meeting, Session 2 (2005))
22 March 2005 (9th Meeting, Session 2 (2005))
12 April 2005 (10th Meeting, Session 2 (2005))
19 April 2005 (11th Meeting, Session 2 (2005))

Volume 2: Evidence

CONTENTS OF VOLUME 2

ANNEX C: ORAL AND ASSOCIATED WRITTEN EVIDENCE

11 January 2005 (1st Meeting, Session 2 (2005))

All parts of the Bill

Oral Evidence

Roderick Duncan, Bill Team Leader
Colin Cook, Substance Misuse Division
Mary Cuthbert, Tobacco Control Division
Eric Gray, Primary Care Division
Dr Hamish Wilson, Primary Care Division
Chris Naldrett, Primary Care Division
Richie Malloch, Workforce and Policy Division
John Davidson, Workforce and Policy Division
Dr Hamish Wilson, Head of Primary Care Division
Sylvia Shearer, Health Planning and Quality Division
Andrew MacLeod, Head of Health Planning and Quality Division
Adam Rennie, Head of Community Care Division 2
Diane White, Social Work Services Policy Division
Stephen Sandham, Regeneration, Fuel Poverty and Supporting People Division
Jim Brown CBE, Head of Public Health Division
Mike Baxter, Property and Capital Planning Division
Patrick McGrail, Community Care Division 2
Mike Stevens, Chief Scientist Office

22 February 2005 (5th Meeting, Session 2 (2005))

Part 2 (General Dental; Services, General Ophthalmic Services and Personal Dental Services) and Part 3 (Pharmaceutical Services)

Written Evidence

Scottish Consumer Council
British Dental Association
Optometry Scotland
Scottish Pharmaceutical General Council
Fife Local Health Council

Oral Evidence

Dr Iain Wallace, NHS Greater Glasgow
Mary Morton, NHS Highland
Catherine Lush, NHS Highland
Martyn Evans, Scottish Consumer Council
Joyce Shearer, Fife Local Health Council
Andrew Lamb, British Dental Association
Hal Rollason, Optometry Scotland
James Semple, Scottish Pharmaceutical Federation
Alex McKinnon, Scottish Pharmaceutical General Council
Dr Hamish Wilson, Scottish Executive Health Department
Eric Gray, Scottish Executive Health Department
Chris Naldrett, Scottish Executive Health Department

1 March 2005 (6th Meeting, Session 2 (2005))

Part 4 (Discipline) and Part 5 (Infection with Hepatitis C)

Written Evidence

Forth Valley Local Health Council
British Dental Association
BMA Scotland
Royal Pharmaceutical Society of Great Britain Scottish Executive
Scottish Haemophilia Forum
Skipton Fund

Oral Evidence

Stewart Scott, Borders Local Health Council
Margo Biggs, Forth Valley Local Health Council
Alex Matthewson, BDA Scottish Council
Dr David Love, BMA Scotland
Hal Rollason, Optometry Scotland
Angela Timoney, Royal Pharmaceutical Society of Great Britain
Dr Hamish Wilson, Scottish Executive Health Department
John Davidson, Scottish Executive Health Department
Philip Dolan, Scottish Haemophilia Forum
Dave Bissett, Scottish Haemophilia Forum
Frank McGuire, Scottish Haemophilia Forum
Peter Stevens, Skipton Fund
Keith Foster, Skipton Fund

Supplementary Written Evidence

Scottish Haemophilia Forum
Skipton Fund
Optometry Scotland

8 March 2005 (7th Meeting, Session 2 (2005))

Part 5 (Authorisation of Medical Treatment; and Joint Ventures)

Written Evidence

Alzheimer Scotland
ENABLE
Scottish Association for Mental Health
Royal College of General Practitioners (Scotland)
RCN Scotland
British Dental Association
EC Harris
COSLA
STUC
NHS Confederation
UNISON Scotland

Oral Evidence

Dr Alan Jacques, Alzheimer Scotland
Nicola Smith, ENABLE
Sandra McDougall, Scottish Association for Mental Health
Dr Mairi Scott, Royal College of General Practitioners (Scotland)
Pat Dawson, Royal College of Nursing
Robert Hamilton, British Dental Association
David Fox, Turner and Townsend Management Solutions
Howard Forster, EC Harris
Alex Macleod, Skanska
Alan McKeown, COSLA
Tim Huntingford, COSLA
Hilary Robertson, NHS Confederation
Susan Aitken, NHS Confederation
John Park, STUC
Dave Watson, UNISON Scotland

15 March 2005 (8th Meeting, Session 2 (2005))

Part 1 (Prohibition of Smoking in Certain Wholly Enclosed Spaces)

Written Evidence

Scottish Licensed Trade Association
Tobacco Manufactures’ Association
CISWO
British Hospitality Association Scotland Committee
COSLA
City of Edinburgh Council
Royal Environmental Health Institute of Scotland
ASH Scotland
AMICUS
STUC
UNISON

Oral Evidence

Paul Waterson, Scottish Licensed Trade Association
Stewart Ross, Belhaven Brewery, Scottish Licensed Trade Association
Christopher Ogden, Tobacco Manufacturers’ Association
Steven Stotesbury, Imperial Tobacco, Tobacco Manufacturers’ Association
Paddy Crerar, British Hospitality Association Scotland Committee
Ian McAlpine, Coal Industry Social Welfare Organisation (CISWO), Committee of Registered Clubs Associations
George Ross, Royal British Legion Clubs, Committee of Registered Clubs Associations
Alan McKeown, COSLA
Gordon Greenhill, City of Edinburgh Council
Keith McNamara, Royal Environmental Health Institute of Scotland
David Mellor, Association of Chief Police Officers
Dr Rachel Harrison, ASH Scotland
Sheila Duffy, ASH Scotland
Andy Matson, AMICUS
Ian Tasker, STUC
Dave Watson, UNISON Scotland
Supplementary Written Evidence
British Hospitality Association Scotland Committee
ASH Scotland
STUC
COSLA

Supplementary Written Evidence

British Hospitality Association Scotland Committee
ASH Scotland
COSLA

22 March 2005 (9th Meeting, Session 2 (2005))

All parts of the Bill

Written Evidence

Minister for Health and Community Care

Oral Evidence

Minister for Health and Community Care

Supplementary Evidence

Minster for Health and Community Care

ANNEX D: OTHER WRITTEN EVIDENCE

PART 1: Prohibition of Smoking in Certain Wholly Enclosed Places

Organisations

Against an Outright Ban – Petition 819
Asthma UK Scotland
Barnardos
Bellhaven Group
Blantyre Bowling Club
BMA Scotland
British Lung Foundation Scotland
Broomhouse Centre
CAMRA
Cancer Research UK Scotland
Carlton Clubs
Chartered Society of Physiotherapy Scotland
Children in Scotland
CPL Entertainment Group Limited
Diabetes UK Scotland
FOREST
Health Economic Research Unit
Howard League for Penal Reform in Scotland
Lynnet Leisure Group
MacMillan Cancer Relief
MacLay Group PLC
NHS Grampian
NHS Lanarkshire
NHS Tayside
Phillip Morris International Ltd
Punch Taverns PLC
RCN Scotland
Roy Castle Lung Cancer Foundation
Royal College of General Practitioners (Scotland)
Royal College of Physicians Edinburgh
Scotland CAN!
Scottish Beer and Pub Association
Scottish Wholesale Association
SmokeFree Liverpool
Tennent Caledonian Breweries
Tobacco Workers’ Alliance

Individuals

Anonymous
Anonymous
Anonymous
Mark Cadle
David Cattanach
Tony Collins
Margaret Ellam
John Heatherill
John and Winifred Hughes
Laura Lamb
Collette Lander
Kenneth MacArthur
Charles McCann
Sheila McQueen
Wendy Nganasurian
Andrew Pearson
Andrew Rose
Mike Thistle
Louise Wilson

Part 2: General Dental Services, General Ophthalmic Services and Personal Dental Services

MDDUS
RCN Scotland
Which
Andrew Rose

PART 3: Pharmaceutical Care Services etc.

BMA
Lloydsphamacy
RCN Scotland
Elizabeth Calder
Francis Flynn

Part 4: Discipline

Scottish NHS Confederation

Part 5: Miscellaneous

Section 24: Payment to certain persons infected with hepatitis C as a result of NHS Treatment

RCN Scotland

Sections 25-27: Amendment of Regulation of Care ( Scotland) Act 2001

RCN Scotland

Section 30: Authorisation of medical treatment

British Dental Association
BMA Scotland
Chartered Society of Physiotherapy Scotland
The Law Society of Scotland

Section 31: Joint ventures

Partnerships UK
RCN Scotland
Universities Scotland

Section 32: Scottish Hospital Endowment Research Trust

RCN Scotland

ANNEX E: PROHIBITION OF SMOKING IN REGULATED AREAS (SCOTLAND) BILL

Hard copies of the Committee’s Stage 1 report on the Prohibition of Smoking in Regulated Areas (Scotland) Bill (published 11 January 2005, SP Paper 263) and accompanying evidence are available from the clerks to the Committee upon request to health@scottish.parliament.uk or on 0131 348 5224.

ANNEX F: UNPRINTED MEMORANDA

W Hunter Watson

Remit and membership

Remit:

To consider and report on matters relating to health policy and the National Health Service in Scotland and such other matters as fall within the responsibility of the Minister for Health and Community Care.

Membership:

Roseanna Cunningham (Convener)
Helen Eadie
Janis Hughes (Deputy Convener)
Kate Maclean
Duncan McNeil
Nanette Milne (Committee member from 2 February 2005)
Shona Robison
Mr Mike Rumbles
Dr Jean Turner
David Davidson (Committee member until 1 February 2005)

Committee Clerking Team:

Clerk to the Committee
Simon Watkins

Senior Assistant Clerk
Tracey White

Assistant Clerk
Roz Wheeler

Committee Assistant
Lynn Stewart

EXECUTIVE SUMMARY

Listed below is the Committee’s overall view on the various provisions contained in Smoking, Health and Social Care ( Scotland) Bill.

A number of further conclusions and recommendations, together with the Committee’s reasoning, are included in the body of the report.

INTRODUCTION

• The Committee has some concerns that the diverse nature of bills of this type increases the difficulty of carrying out effective scrutiny. The Committee recommends that the Executive bring forward bills that are more discrete in nature to avoid the difficulty of having to deal with very different subject matter.(Paragraph 10, page 6)

PART 1:
PROHIBITION OF SMOKING IN CERTAIN WHOLLY ENCLOSED PLACES

Committee’s Overall View

• The majority of members of the Committee are of the view that a ban on smoking in enclosed public places would impact positively on public health and that a voluntary approach to tobacco control would not ensure the same outcome. The majority of members, therefore, support the proposal contained in this part of the bill, believing that it will help to save lives. (Paragraph 26, page 9)

PART 2, SECTIONS 9 AND 10:
FREE ORAL HEALTH ASSESSMENTS, DENTAL CHECKS, EYE EXAMINATIONS AND SIGHT TESTS

Committee’s Overall View

• The Committee¹ supports the Executive’s proposals to introduce free oral health assessments and eye examinations and believes that, if properly implemented, they have the potential to improve standards of oral health and reduce the number of long term sight problems in Scotland. (Paragraph 77, page 18)

PART 2, SECTIONS 11, 12, 13, AND 14:
GENERAL DENTAL SERVICES

Committee’s Overall View

• The Committee supports the proposals in sections 11 to 14 on general dental services and the wider policy intention stemming from ‘Modernising NHS Dental Services in Scotland’ of enabling health boards to take a more active role in securing and providing general dental services. The Committee believes that, if properly funded and implemented, the policy will provide for better access to a wider range of general dental services at a local level. (Paragraph 103, page 23)

PART 2, SECTIONS 15, 16 AND 17:
LISTING ADDITIONAL CATEGORIES OF DENTAL PRACTITIONERS, OPTOMETRISTS AND OPHTHALMIC PRACTITIONERS

Committee’s Overall View

• The Committee supports the Executive’s proposals to extend health board lists to include all dentists and ophthalmic medical practitioners and believes they will allow health boards to ensure all practitioners are regulated and can be held directly accountable for their actions. (Paragraph 117, page 25)

PART 3:
PHARMACEUTICAL CARE SERVICES

Committee’s Overall View

• The Committee supports the Executive’s proposals for the provision of planned pharmaceutical care services. The Committee believes that, if properly implemented the proposals could ensure the provision of a wider range of pharmaceutical services throughout Scotland on the basis of the needs of individual communities. (Paragraph 130, page 28)

PART 4:
DISCIPLINE

Committee’s Overall View

• The Committee supports the Executive’s proposals to strengthen the disciplinary procedures contained within part 4 of the bill.(Paragraph 139, page 29)

PART 5, SECTION 24:
HEPATITIS C PAYMENTS

Committee’s Overall View

• The Committee supports the Executive’s proposal to provide a firm legal basis under Scots law for the making of payments to Hepatitis C sufferers. (Paragraph 150, page 31)

PART 5, SECTIONS 25, 26 AND 27:
AMENDMENT OF REGULATION OF CARE ( SCOTLAND) ACT 2001

Committee’s Overall View

• The Committee supports the Executive’s proposal under sections 25-27 of the bill. (Paragraph 180, page 35)

PART 5, SECTIONS 28 AND 29:
DE-REGISTRATION WITH THE CARE COMMISSION

Committee’s Overall View

• The Committee recognises the case for making this legislative arrangement, but regrets the need to do so due to the oversight in implementing the previous legislation. (Paragraph 184, page 35)

PART 5, SECTION 30:
AUTHORISATION OF MEDICAL TREATMENT

Committee’s Overall View

• The Committee supports the Executive’s proposal to extend the types of professionals who can issue an incapacity certificate. (Paragraph 188, page 36)

• The Committee does not support the extension of the maximum duration of a certificate from 1 year to 3 years. (Paragraph 189, page 36)

PART 5, SECTION 31:
JOINT VENTURES

Committee’s Overall View

• The Executive intends to provide for new powers to form and participate in joint ventures in the health service by introducing potentially wide-ranging enabling legislation. (Paragraph 225, page 40)

• Much of the evidence available to the Committee related to the experience of NHS LIFT projects in England. While a number of these projects are now underway, the Committee is of the view that it is too soon to make an objective judgement about the performance of this model. The Committee is also aware that other joint venture models are possible under the Executive’s proposals; however, it appears that a limited amount of consideration has been given to alternative models by the relevant public sector agencies. The Committee considers it important that a range of alternative joint venture models are considered, including the mutual model. (Paragraph 226, page 40)

PART 5, SECTION 32:
SCOTTISH HOSPITAL ENDOWMENTS RESEARCH TRUST

Committee’s Overall View

• The Committee supports the Executive’s proposal to convert the Scottish Hospitals Endowments Research Trust from a Non-Departmental Public Body to a charitable trust. (Paragraph 246, page 44)

Footnotes:

¹ One member of the Committee dissented from this position