Apologies made in accordance with Health Bill’s duty of candour exempted from Apologies (Scotland) Bill

The Law Society of Scotland today, 8 December, welcomed the acceptance of a Scottish Government amendment to the Apologies (Scotland) Bill by the Scottish Parliament’s Justice Committee.  The amendment exempts apologies made under the duty of candour procedure as set out in the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill from the Apologies Bill.

The Society’s health and medical law committee had proposed such an amendment to members of the Justice Committee in November.   Minister for Community Safety and Legal Affairs Paul Wheelhouse MSP tabled the amendment  at today’s Justice Committee meeting at the Scottish Parliament.

Alison Britton, convener of the Society’s health and medical law committee, said: “We are delighted to see that the Justice Committee accepted the amendment.  Both the Apologies Bill and the Health Bill provided for two very different definitions of an apology - meaning the law of unintended consequences may have applied, causing confusion and leading to an unforeseen or unanticipated consequence.  If this had happened, it would have meant that the policy intentions behind both bills may have failed.  This amendment means that this will not happen.”

ENDS

Notes to Editors

The Law Society’s proposed amendment can be found on our website

MEDIA ENQUIRIES TO: Louise Docherty  louisedocherty@lawscot.org.uk 0131 476 8204