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Health and Safety is a reserved matter under the terms of the Scotland Act (1998). The duty holders in NHSScotland under the Health and Safety at Work etc. Act 1974 (HSWA) and relevant regulations, are NHS Boards, as they are separate legal entities to the Scottish Government. Individual NHS Boards are responsible for Health and Safety within their own areas.

Through Healthcare Improvement Scotland and NHS Boards the Scottish Government and its officials ensure that the HSAW act is adhered to. In addition, the Health and Safety Executive (HSE) can and does enforce health and safety legislation within NHS Boards in accordance with its policy on patient safety.

HSE’s role in patient health and safety is explained in the Letter of Understanding between Health and Safety Executive and Healthcare Improvement Scotland and is available at http://www.hse.gov.uk/aboutus/howwework/framework/letter-of-understanding-his.pdf

Reducing Healthcare Associated Infections (HCAI) is a key priority for the Scottish Government. Health Protection Scotland provide the Scottish Government with quarterly and annual reports, which are used to measure the progress in tackling HCAI across NHSScotland. The information also highlights areas of good practice, which is shared across all Health Boards to ensure they continue to drive forward improvements in this area.

Information on the number of Managed Access Schemes for drugs in each year since 1999 is not held centrally by the Scottish Government.

A recommendation contained within Dr Montgomery’s Review of Access to New Medicines was to explore Managed Access Schemes. We are working with stakeholders to take this work forward, in consideration of the interdependencies with implementation of a conditional acceptance provision.

The Best Start recommends that "NHSBoards should redesign maternity services with a focus on local care, built around the concept of multidisciplinary community hubs, with the majority of women being offered routine care and services through these hubs." This is in line with the national strategic direction to deliver multidisciplinary patient centred care as outlined in the National Clinical Strategy and Realistic Medicine. Scottish Government will work with NHS Boards locally to implement the recommendation from the Best Start however it is for NHS Boards to determine where the hubs are located, what services are provided within these hubs and how these are managed to ensure that they offer safe, high quality services to all pregnant women. We expect boards to involve staff and patients in these discussions.

(a) Shingles uptake 2016-17

Further to S5W-06124, vaccination uptake rates for the 2016-17 shingles vaccination programme are not yet available, however provisional uptake rates until the end of March 2017 can be found at: http://www.hps.scot.nhs.uk/immvax/shinglesvaccination.aspx. Publication of the annual report for the 2016-17 programme, including final uptake rates, will be made available in November 2017.

(b) Flu uptake 2016-17

Further to S5W-06124, influenza vaccine uptake for 2016-17 is provided in table 1.

Table 1: Influenza vaccine uptake in Scotland by eligible group in 2016-17

This information has been provided by ISD. ‘NHS support’ has been defined as the number of acute and mental health inpatients with a diagnosis of eating disorder recorded within data returns to ISD. This information is shown in the following table for the financial years 1999-2000 to 2015-2016, broken down by NHS board of treatment. Please note that the figures for the financial year 2016-17 have not yet been published.

I refer the member to the answer to question S5W-11345 on
27 September 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

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

The most recent reform of mental health legislation was through the Mental Health (Scotland) Act 2015, which was passed by the Scottish Parliament last year. The 2015 Act strengthened measures in the Mental Health (Care and Treatment) (Scotland) Act 2003 that promotes support for decision making, including those for independent advocacy, advance statements and named persons.

I refer the member to the answer to question S5W-11345 on
27 September 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

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.

Firstly, certain criteria must be met before an order or certificate can be granted. For a 28 day short-term detention certificate (STDC), this includes that an approved medical practitioner considers it likely that the patient has a mental disorder (as defined by the 2003 Act) and that the patient’s decision making ability is significantly impaired by their disorder and without treatment the patient could be of significant risk to their own health, safety and welfare, or to the safety of others. The patient can appeal the granting of an STDC to the independent Mental Health Tribunal. A longer term order can only be granted by the Tribunal, and the application must have the support of two doctors who agree that the criteria for the order are met.

Secondly, treatment under the 2003 Act is governed by a range of safeguards. For certain treatments, including medication given for more than two months, a Designated Medical Practitioner, an experienced psychiatrist appointed by the Mental Welfare Commission, must agree to the treatment.

In addition to this, the 2003 Act is based in rights and principles and contains tools to support patients in expressing their will and preferences. The principles include that any function should be carried out for the maximum benefit of the patient, with the minimum necessary restriction on the freedom of the patient and having regard to the views of the patient and of any carer. Under the 2003 Act, any service user has the right to support from an independent advocate, the right to appoint a named person to represent their interests and the right to make an advance statement setting out how what treatment they would and would not like to receive when unwell. We have made changes to ensure that people with a mental disorder can access effective treatment quickly and improved legislation through the Mental Health (Scotland) Act 2015 to strengthen support for decision making and promote rights.

This information is not held centrally. Information Services Division routinely publish statistics on the three national cancer screening programmes: Breast Cancer Screening, Bowel Cancer Screening and Cervical Cancer Screening. This information can be found at: http://www.isdscotland.org/Publications/index.asp

Scottish mental health and incapacity legislation is based on rights and principles. Our legislation is compliant with the European Convention on Human Rights and has never been found, in part or in whole, by the European Court of Human Rights to be incompatible with the Convention.

Public authorities, including NHS boards, are required by the Human Rights Act 1998 to act in a way that is compatible with the European Convention on Human Rights and will need to satisfy themselves that they do so, taking into account any relevant judgements of the ECHR.

Scottish mental health and incapacity legislation sets clear safeguards which apply to ensure that any treatment given to patients subject to compulsory measures is compatible with Convention rights.