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BUSINESS BULLETIN 49/1999

Tuesday 7 September 1999

Section G - Bills, amendments to Bills and proposals for members’ Bills

 

New amendments to Bills lodged on 6 September

Mental Health (Public Safety and Appeals) (Scotland) Bill – Stage 2

 

Section 1

David McLetchie

1 In section 1, page 1, line 10, after <satisfied> insert <, on the balance of probabilities,>

Dennis Canavan

2 In section 1, page 1, line 12, leave out <protect the public from serious harm> and insert <prevent the patient constituting a danger to himself or to the public>

David McLetchie

3 In section 1, page 1, line 13, leave out <serious>

Dennis Canavan

4 In section 1, page 1, line 13, leave out <in a hospital>

Dennis Canavan

5 In section 1, page 1, line 13, leave out <whether for medical treatment or not>

David McLetchie

6 In section 1, page 1, line 14, at end insert—

<( ) The sheriff considering an appeal under subsection (A1) above may make recommendations as to the suitability of continued detention in a hospital for the interests of the patient.>

 

Roseanna Cunningham

Supported by: Michael Matheson

7 In section 1, page 1, line 14, at end insert—

<(A2) The sheriff considering an appeal under subsection (A1) above shall take account of the suitability for the patient of the facilities in which continued detention would take place and may, if he considers it appropriate, make an order in connection with the delivery of treatment to the patient.

(A3) The Scottish Ministers shall comply with an order under subsection (A2) within such time as is specified in the order.>

 

David McLetchie

8 In section 1, page 1, line 16, at end insert—

<( ) In preparing their submissions to the sheriff for the purposes of subsection (B1) above, the Scottish Ministers shall take the advice of suitably qualified medical personnel working within the relevant hospital or independent medical personnel working elsewhere.>

 

David McLetchie

9 In section 1, page 1, leave out lines 17 to 20

David McLetchie

10 In section 1, page 1, line 26, after <satisfied> insert <, on the balance of probabilities,>

Dennis Canavan

11 In section 1, page 1, line 28, leave out <protect the public from serious harm> and insert <prevent the patient constituting a danger to himself or to the public>

David McLetchie

12 In section 1, page 2, line 1, leave out <serious>

Dennis Canavan

13 In section 1, page 2, line 1, leave out <in a hospital>

Dennis Canavan

14 In section 1, page 2, line 2, leave out <whether for medical treatment or not>

David McLetchie

15 In section 1, page 2, line 4, at end insert—

<( ) In preparing their submissions to the sheriff for the purposes of subsection (1B) above, the Scottish Ministers shall take the advice of suitably qualified medical personnel working within the relevant hospital or independent medical personnel working elsewhere.>

 

David McLetchie

16 In section 1, page 2, leave out lines 5 to 8

Dennis Canavan

17 In section 1, page 2, line 24, leave out <protect the public from serious harm> and insert <prevent the patient constituting a danger to himself or to the public>

David McLetchie

18 In section 1, page 2, line 24, leave out <serious>

Dennis Canavan

19 In section 1, page 2, line 25, leave out <in a hospital>

Dennis Canavan

20 In section 1, page 2, line 25, leave out <whether for medical treatment or not>

Dennis Canavan

21 In section 1, page 2, line 35, leave out <protect the public from serious harm> and insert <prevent the patient constituting a danger to himself or to the public>

David McLetchie

22 In section 1, page 2, line 36, leave out <serious>

Dennis Canavan

23 In section 1, page 2, line 36, leave out <in a hospital>

Dennis Canavan

24 In section 1, page 2, line 36, leave out <whether for medical treatment or not>

David McLetchie

25 In section 1, page 2, line 43, leave out <1> and insert <2>

 

Section 2

David McLetchie

26 In section 2, page 3, line 26, after <Session> insert <, on ground of fact or law,>

David McLetchie

Supported by: Roseanna Cunningham, Michael Matheson

27 In section 2, page 3, line 31, at end insert—

<( ) An appeal under subsection (1) shall be subject to a timetable established by Act of Sederunt; but shall be concluded not later than 80 days after it is lodged.>

 

Section 3

Roseanna Cunningham

Supported by: Michael Matheson

28 In section 3, page 4, line 7, leave out from <after> to end of line and insert <there is inserted at the end ", including a persistent personality disorder manifested principally by abnormally aggressive or seriously irresponsible conduct".>

David McLetchie

29 In section 3, page 4, line 7, after <including> insert <anti-social>

Dennis Canavan

30 In section 3, page 4, line 7, after <including> insert <dangerous anti-social>

Dennis Canavan

31 In section 3, page 4, line 8, leave out subsection (2)

 

After section 3

David McLetchie

32 After section 3, insert—

<Meaning of "medical treatment" in 1984 Act

In section 1(2) (interpretation) of the 1984 Act, before the definition of "mental disorder" there is inserted—

""medical treatment" includes the provision of support and counselling aimed at preventing any deterioration or relapse in the patient’s mental disorder;">

Dennis Canavan

33 After section 3, insert—

<Review of this Act

Not later than six months after this Act comes into force, the Scottish Ministers shall lay before the Scottish Parliament a report setting out progress of reviews of—

(a) the 1984 Act, and

(b) the sentencing and treatment of serious violent and sexual offenders;

and the Parliament may, in considering that report, recommend legislation to repeal or amend this Act.>

 

Section 4

 

David McLetchie

Supported by: Roseanna Cunningham, Michael Matheson

34 In section 4, page 4, line 14, leave out subsections (2) and (3)

Dennis Canavan

35 In section 4, page 4, line 14, leave out <Section 2 of>

Dennis Canavan

36 In section 4, page 4, line 15, at end insert—

<( ) A statutory instrument under subsection (2) shall—

(a) be laid in draft before the Scottish Parliament for approval by resolution; and

(b) provide that this Act shall cease to have effect six months after the order is made.>

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have the names shown in bold. The member who lodged such a proposal has the right to introduce a Members’ Bill to give effect to that proposal under rule 9.14.

 

Tommy Sheridan: Proposed Debtors (Amendment) Bill—Proposal for a Bill to amend the Debtors (Scotland) Act 1987 to remove the rights of a creditor (or an officer of court on his behalf) to apply for, and of a sheriff to grant, authority for poindings or warrant sales (lodged 19 August).

 

Supported by: Alex Neil, Michael Russell, Ms Margo MacDonald, Adam Ingram, Fiona Hyslop, Andrew Wilson, Kenny MacAskill, Robin Harper, John McAllion, Michael Matheson, Tricia Marwick, Brian Adam, Dr Winnie Ewing, Dennis Canavan, Mike Watson, Mrs Kay Ulrich, Shona Robison, Ms Nicola Sturgeon

 

Mike Watson: Proposed Protection of Wild Mammals Bill—Proposal for a Bill to make it an offence to hunt a wild mammal with a dog or to facilitate hunting in certain ways. The Bill would provide exceptions for certain activities directed at pest control and conservation of species, and would allow the Executive to license such activities. It would also provide exceptions, in certain cases, for the retrieval or rescue of animals. It would enable courts of summary jurisdiction to disqualify, by order, persons convicted of an offence from keeping a dog, and make breach of such an order an offence (lodged 1 September).

 

Supported by: Tricia Marwick, Scott Barrie, Kate Maclean, Bristow Muldoon, Adam Ingram, Tommy Sheridan, Mrs Kay Ullrich, Kenneth Macintosh, George Reid, Ms Nicola Sturgeon, Janis Hughes, Malcolm Chisholm, Ms Patricia Ferguson, Johann Lamont, Trish Godman, Christine Grahame, Andrew Wilson, Kenneth Gibson, Michael Matheson, Duncan Hamilton, Elaine Smith*

 


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