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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.

Scottish mental health and incapacity legislation is based on rights and principles. 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.

The Scottish Government is working with partners including the Mental Welfare Commission, the Office of the Public Guardian and professional and human rights bodies to develop changes to the Adults with Incapacity Act (2000) in relation to deprivation of liberty, and to assess compliance with UN Convention on the Rights of Persons with Disabilities by 2018. The Code of Practice which accompanies the Adults with Incapacity Act explains that the use of covert medication is permissible in certain, limited circumstances e.g. to safeguard the health of an adult who is unable to consent to the treatment in question, where other alternatives have been explored and none are practicable. It follows a rights based approach and also refers practitioners to the Mental Welfare Commission Scotland's guidance documents covering Consent to Treatment and Covert Medication.

Covert medication must never be given to someone who is capable of deciding about medical treatment. In the case of adults, there is a presumption in favour of capacity and individuals must be supported to enable decision-making so far as possible. Individuals should be given as much information as possible to enable them to make a decision regarding medical treatment. It is important to assess capacity in relation to individual decisions and not to make blanket ‘all or nothing’ assumptions. Capacity may change or fluctuate over time. The practitioner with primary responsibility for the individual’s medical treatment has the ultimate responsibility to decide whether or not to authorise covert administration of medication. This decision should be taken following consultation.

Healthcare staff should not give medication except in accordance with the law, and even where the law allows its use it should not be given in a disguised form unless the adult has refused and their health is at risk because of this. Staff are obliged to record this in the patient's records. Practitioners who may be requested to administer covert medication should make themselves fully aware of the guidance of their own professional bodies.

The role of the Scottish Government is to provide policies, frameworks and resources to NHS boards in order that they can deliver services that meet the needs of their local population. Within this context, it is for clinical audit and local clinical governance structures to monitor how well clinicians and NHS Boards are complying with existing clinical SIGN guidelines and to ensure that new and emerging evidence and good practice guidelines are considered at regular intervals.

The Scottish Government continues to work in close collaboration with colleagues in NHS England and will consider the outputs from this pilot, to ensure that where appropriate, patients with cancer receive their surgery as quickly as possible.

Our cancer strategy, ‘Beating Cancer: Ambition and Action’ and the accompanying £100 million investment over the coming years serves as a blueprint for the future of cancer services in Scotland, improving the prevention, detection, diagnosis, treatment and aftercare for all people with cancer, including those diagnosed with pancreatic cancer.

Two of the overarching aims of the cancer strategy are for more people to survive cancer for 1, 5 and 10 years, and to close the gap in survival between Scotland and the best countries in Europe; and we are determined to make this happen.

The Scottish Government’s National Clinical Strategy supports a multi-disciplinary diagnostic centre approach for many tertiary complex treatments to be delivered by fewer clinical teams with greater multi-professional expertise.

If evidence shows that survival improvements for patients can be achieved with service re-design, then the Scottish Government would expect NHSScotland to reflect on this and consider whether services currently in place can be similarly improved by re-design.

Our cancer strategy, ‘Beating Cancer: Ambition and Action’ and the accompanying £100 million investment over the coming years serves as a blueprint for the future of cancer services in Scotland, improving the prevention, detection, diagnosis, treatment and aftercare for all people with cancer including those diagnosed with pancreatic cancer.

I refer the member to the answer to question S5O-01194 on 29 June 2017 regarding continuous glucose monitoring (CGM) devices. 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.

CGM enables people to see their blood glucose levels 24 hours a day and will alert patients through an alarm/vibration if the sensor detects blood glucose values that exceed or will exceed the target zone set for their glucose levels, helping them to optimise glycaemic control. Flash glucose monitoring devices do not provide continuous real-time data but rather intermittent measurements which are accessed after the event and therefore cannot provide any alerts.

The Scottish Government notes the announcement by Abbott of the decision to include the Freestyle Libre flash glucose monitoring system on the England and Wales drug tariff. NHS Scotland has yet to receive official notification. Once received, NHS Scotland will follow the established due process for consideration of inclusion on the Scottish Drug Tariff.

NHS ISD was made aware that a very small number of respondents were experiencing IT issues. These issues were fixed as soon as they were highlighted and the individuals concerned were provided with updates and offered the option of providing their submission by an alternate route.

The majority of NHS ISD’s consultations are published online, if users are not able to use this medium to respond then NHS ISD are happy to be contacted and will work with individuals to ensure that they can provide a response by other means. NHS ISD are also happy to receive feedback on publications at any point in time.

NHS ISD have tried to reach as many people as possible about the consultation by routes such as social media, the National Advisory Committee for Chronic Pain and via the ALLIANCE. ISD have also decided to extend the consultation period to 5pm on 22 September 2017.