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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 998 contributions

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Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Thank you. I am pleased that, in the bill, we are also considering two amendments to the Certification of Death (Scotland) Act 2011, to extend the right to request an interested person review and to amend the provision concerning the authorisation of cremation in Scotland when the death has occurred elsewhere.

The extension of the interested person reviews set out in the 2011 act represents an important step in strengthening public confidence in the death certification process by allowing all relatives equal standing in being able to request an interested person review. Medical reviewers already undertake randomised reviews to improve the quality and accuracy of medical certificates of cause of death, but where such a review has taken place, an interested person review cannot then be carried out. The amendment allows individuals with a legitimate connection, such as family members, healthcare professionals or funeral directors, to request a detailed review where they believe further scrutiny is warranted. It will mean that interested persons can request a review, irrespective of whether a medical certificate of cause of death has been randomly selected for review already.

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With the bill enabling further targeted reviews, all bereaved families will have the same right to request a review. The system will be more transparent and responsive, ensuring that specific issues can be examined thoroughly and sensitively. Ultimately, this amendment will enhance accountability and provide an additional safeguard to reassure the public and professionals who are involved in end-of-life care.

On the other amendment set out in the bill, section 18 of the 2011 act currently applies to deaths that occur “outwith Scotland”. That includes deaths that occur in other parts of the UK, thereby creating a legal requirement for medical reviewers to authorise cremation in Scotland where a person has died in England, Wales or Northern Ireland. Other UK nations have robust procedures in place for death certification and apply relevant checks, and it is appropriate for those procedures to be respected in cases in which it is intended for the deceased to be cremated in Scotland. The amendment set out in the bill will remove the need for medical reviewers to authorise cremation where a death occurs in another part of the UK, thus recognising the reciprocal checks in other parts of the UK and avoiding unnecessary duplication of work.

The extension of interested person reviews and the amendment to section 18 of the 2011 act reflect our continued commitment to clarity, transparency, and public trust in the death certification process. The changes will not only strengthen safeguards for families and professionals but ensure that our legislation recognises existing robust checks and procedures and is responsive to real-world practice.

I therefore propose that the committee recommend the extension of interested person reviews and the amendment concerning the authorisation of cremations in Scotland where the death has occurred outwith Scotland, and I look forward to answering any questions that the committee might have.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I will pass that question to Katrina McNeill.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

As I said in my introductory remarks, there will be no change to the fact that people can have reviews. That has always been the case, and people should be informed of that and aware that they can do that. The change just ensures that, if a case is randomly chosen for review, it will not stop a connected person—whether it be a member of the family or a healthcare professional—asking for a further review.

The ability for people to have a review is already there. However, what I am taking away from this is that it is, perhaps, not known widely enough, so we should probably take the issue away and look at it.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I agree with you on both points, convener.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

Yes, I am.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

There are a few things in that question. HIS regulation will also look at the premises, to make sure that they are safe and hygienic.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

That is part of our conversations with the UK Government. Owen Griffiths and other Scottish Government officials have been speaking directly to its officials, so that we understand the impact of ensuring that qualifications can be as consistent as possible across the four nations and reach the standards that are appropriate to ensuring public safety across the UK.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I have met the Advertising Standards Authority regarding other parts of my portfolio to talk about advertising on social media around smoking, vaping and suchlike. As you will know, advertising standards are reserved, so advertising on procedures is an issue on which we would be looking to work with other Governments across the UK.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

The bill gives HIS the powers to enter unregulated settings if specific complaints have been made or if evidence has been given to it. With regard to resourcing, we expect, as I said to the convener, Healthcare Improvement Scotland’s regulatory services to be financially self-sustaining—that is part of our on-going conversations.

I do recognise your point—an unregulated business would not be paying for the regulatory people. Therefore, I am content to look at that and bottom it out if we get through stage 1 and move towards stage 2.

Health, Social Care and Sport Committee

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Stage 1

Meeting date: 16 December 2025

Jenni Minto

I am certainly content to do so. Seeing the impact of bad procedures has shaped my own thoughts on the matter.