Attendees and apologies
Julie Paterson - Mental Welfare Commission
Bob Leslie - Social Work Scotland
Adrian Ward - Law Society of Scotland
Fiona Brown - The Office of the Public Guardian
Colin McKay - The Centre for Mental Health and Capacity Law at Edinburgh Napier University
Allister Wilson - Scottish Courts and Tribunals Service
Roger Smyth- Royal College of Psychiatrists
Hugh McAloon (Chair) - Scottish Government Mental Health Division
Diane Strachan - Scottish Government Mental Health Division
Peter Quigley - Scottish Government AWI policy
Sarah Saddiq - Scottish Government AWI policy
Items and actions
Discussion on keeping emergency legislation
Diane Strachan set out the discussion and where we are now in the pandemic. The figures are clear that there is now a downward slope. It is anticipated that the impact of the vaccination programme will reduce the number of cases and attendance in the NHS will go down. Less people are likely to require hospital treatment. There will be some uncertainty in the system for a while and there is anticipation that future spikes should be manageable.
In terms of the two coronavirus acts the clauses are sunset. It is envisaged that the AWI provisions will expire at the end of September 2021.
We will be providing advice to Ministers so we are keen to get everyone’s views on whether the provisions should lapse or if there are scenarios where they would possibly be needed and therefore kept.
Lapse of provisions
There followed a group discussion on the topic where all agreed that the provisions should lapse in September 2021 and should not be extended beyond that date. The chair advised that advice would be provided to ministers on that basis.
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