Apologies Bill passes final stage at Holyrood

The bill to encourage apologies for wrongs suffered has passed its final stage in the Scottish Parliament.

Introduced by Conservative MSP Margaret Mitchell, the Apologies (Scotland) Bill was given unanimous backing of the Parliament at stage 3.

Aimed at promoting a social and cultural change in attitudes to the giving of apologies, it removes a legal barrier to individuals and organisations apologising for a mistake, by preventing the apology being used as evidence of liability in most civil legal proceedings.

Excluded from its scope are defamation proceedings, fatal accident inquiries, inquiries under the Inquiries Act 2005 and apologies in proceedings under the Children's Hearings (Scotland) Act 2011. Legal Affairs Minister Paul Wheelhouse also confirmed that further discussions will be held on an exception to be added by order, covering civil proceedngs undertaken by health regulatory bodies.

"Apology" under the bill includes an expression of regret and a promise to look into the matter with a view to preventing something similar from happening again, but admissions of fault and factual statements will still be able to be founded on. 

The potential impact on survivors of historic child abuse has been taken into account in shaping the final form of the bill, to ensure that any claims for damages they bring will not be disadvantaged by the new law.

Concluding the debate, Ms Mitchell commented: "I am hugely gratified that, while the duty of candour will apply to the health service, the Apologies (Scotland) Bill addresses and resolves the problem of fear of litigation elsewhere in both the public and private sectors, which has positive and significant implications for early resolution, preventative spend and savings."