Some people have paid private healthcare costs to have their transvaginal mesh implant removed.
This Bill would allow the Government to set up a scheme which could pay back those costs to people. This could include travel costs and hotel accommodation paid for in relation to the surgery.
This is a Government bill
The Bill became an Act on 3 March 2022
This Bill was passed and is now an Act of the Scottish Parliament.
Some people have paid private healthcare costs to have their transvaginal mesh implant removed.
This Bill would allow the Government to set up a scheme which could pay back those costs to people. This could include travel costs and hotel accommodation paid for in relation to the surgery.
The scheme could also cover other details, such as:
Transvaginal mesh is a medical device that was used regularly in Scotland before 2014. It was also used in the rest of the UK and across the world.
This device was used to treat stress urinary incontinence and a condition called pelvic organ prolapse. Sometimes it was implanted through a person’s vagina during surgery.
Many people who had vaginal mesh surgery later experienced serious pain and side effects, and some needed surgery to remove the mesh.
From 2018 it was no longer used in the NHS in Scotland.
Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill as introduced (258KB, pdf) posted 23 June 2021
Explanatory Notes (123KB, pdf) posted 23 June 2021
Policy Memorandum (139KB, pdf) posted 23 June 2021
Financial Memorandum (160KB, pdf) posted 23 June 2021
Delegated Powers Memorandum (196KB, pdf) posted 22 June 2021
Statements on legislative competence (89KB, pdf) posted 23 June 2021
Explanatory Notes (135KB, pdf) posted 23 June 2021
Policy Memorandum (152KB, pdf) posted 23 June 2021
Financial Memorandum (160KB, pdf) posted 23 June 2021
Delegated Powers Memorandum (168KB, pdf) posted 22 June 2021
Statements on legislative competence (140KB, pdf) posted 23 June 2021
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 provisions.
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 on 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 Member 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 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.
Research briefing on the Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill
The Bill was introduced on 23 June 2021
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 may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Health, Social Care and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Health Social Care and Sport Committee held a call for views to help inform its examination of the Bill.
It was particularly interested in hearing from individuals who had been affected by transvaginal mesh, support groups and organisations on implementation and reimbursement as set out in the Bill. Individuals who had been affected by transvaginal mesh in Scotland were also able to provide additional, confidential information to the Committee if they wished to do so.
Letter from Cabinet Secretary for Health and Social Care regarding the procurement exercise for mesh removal services, 15 July 2021
Letter from the Cabinet Secretary for Health and Social Care to Convener, 24 June 2021
The Health, Social Care and Sport Committee published its report on 16 November 2021.
Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 5 October 2021
A Stage 1 debate took place on 24 November 2021 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 24 November 2021
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 on 14 December 2021
Marshalled List of Amendments for Stage 2 (77KB, pdf) posted 09 December 2021
Groupings of Amendments for Stage 2 (129KB, pdf) posted 09 December 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (108KB, pdf) posted 19 January 2022
Revised Explanatory Notes (142KB, pdf) posted 19 January 2022
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 14 December 2021
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 on 20 January 2022:
Marshalled list of amendments at Stage 3 (183KB, pdf) posted 19 January 2022
Groupings of amendments at Stage 3 (238KB, pdf) posted 19 January 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
There were no amendments at Stage 3. The Bill as amended at Stage 2 is the final version of the Bill.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 120 for, 0 against, 0 abstained, 9 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 25 January 2022
The Bill was passed on 25 January 2022 and became an Act on 3 March 2022
Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022