Adults with Incapacity Emergency Legislation Commencement Consideration Group minutes: April 2021

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.