Patients Rights Bill is legislating the obvious

Commenting after speaking in the stage one debate on the Patients Rights Bill in the Scottish Parliament today, Mary Scanlon MSP, Scottish Conservative Health Spokesperson, said:

"This Bill calls for Health Care to be patient focussed, provide optimum benefit to patients health and take into account the patient's needs. Are we really saying that we need legislation to ensure this happens? I think not.

"The Bill says of the Treatment Time Guarantee that "The Health Board must make such arrangements as are necessary to ensure that the agreed treatment starts at the next available opportunity: they must provide an explanation, give the patient advice and support and tell them how to complain". Surely this is happening at present?

"In evidence taking on the Bill the Scottish Public Services Ombudsman stated "The Bill does not appear to provide any significant extension to existing rights and expectations in relation to NHS services.

"It is clear that this is just legislation for the sake of it which will do nothing to improve the rights of patients, and that is why the Scottish Conservatives voted against it tonight. To move forward we should look at updating and revising the patients charter given it is a decade since it was last revised. Doing so could see an improvement for patients, passing this Bill will not."

Below is the speech Mary delivered in the debate.

In scrutinising any piece of legislation, it is right and proper that parliamentarians look for the benefits that legislation will bring:

Section 1 of the Bill states that Health Care be 'patient focused and that anything done in relation to the patient must take into account the patient's needs'

Health care should provide optimum benefit to the patient's health and wellbeing and encourage the patient to participate as fully as possible' –

Do we have to legislate for this – is it not already happening. Surely we do not have NHS staff doing things that are not patient focussed – not providing optimum benefit – and without participation of the patient – if they are – they are disciplinary procedures to address this behaviour.

Sections 6 to 10 cover the Treatment Time Guarantee: so what happens if it is breached:

I quote 'The Health Board must make such arrangements as are necessary to ensure that the agreed treatment starts at the next available opportunity: they must provide an explanation, give the patient advice and support and tell them how to complain – is this not happening at the present?

As the Health Committee confirms: there is an inherent contradiction between setting out patients rights in primary legislation yet no legal enforceability of these rights.

The Treatment Time Guarantee does not apply to the majority of patients with mental health problems – they can still wait for months, and sometimes years to see a Psychiatrist, Psychologist or indeed to get Cognitive Behavioural Therapy. Neither does it apply to patients waiting for physiotherapy, does not apply to treatments undertaken in a hospital outpatient department and does not apply to Diagnostic Tests

It is a fact that you will be able to get a hip replacement or heart bypass in 18 weeks or in future 12 weeks but will wait for months or years to talk to some about your depression.

I agree with the Scottish Association for Mental Health that this Bill perpetuates the division between mental health and other NHS services. I would also ask if this is considered discrimination against mental health patients – a question I put to the Law Society when they responded that the provision clearly 'appears to be discriminatory under the normal meaning of the word' . The fact is that in mental health there is absolutely no doubt that early diagnosis and early intervention can save NHS spend on treating sever, chronic and enduring mental health problems.

The Law Society, BMA , GMC and others have also highlighted that nothing in this Bill is enforceable by legal action.

The Scottish Public Sector Ombudsman stated: ' the Bill does not appear to provide any significant extension to existing rights and expectations in relation to NHS services – instead it confirmed and makes explicit rights and expectations that currently exist. They go on to say the Bill carries the risk of an unwelcome increase in legalism and litigation in disputes between the public and the NHS.

There is no provision for patients who wish to give feedback, raise concerns or complain – they will all be channelled to a Patients Rights Officer.

I do have to commend the Convener of the Health Committee who managed to get us all to agree on the final conclusion 'The Committee is unable to make recommendations to the Parliament on the general principles of the Patients Rights Bill.

For all these reasons and for Scottish Conservative commitment to Patients Rights and responsibilities – I ask the Cabinet Secretary if she will now examine and produce a revised Patients Rights Charter under the power available to her under the National Health Service (Scotland) Act 1978.

The Conservatives produced the first Patients Charter in Scotland in 1990, this was revised and enhanced by the Liberal Labour Scottish Executive in 2000 – a further 10 years on – it is appropriate and justified for the Scottish Government to review the Patients Charter and they would have our full support in doing so.

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