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TRACKER


A complete round up of all forthcoming parliamentary business


Telephone 0131 272 2114 editor@holyrood.com


statistics from the Royal College of General Practitioners. “People with chronic pain consult their general practitioner around fi ve times more frequently than those without chronic pain, and chronic pain is a presenting condition in around 22 per cent of GP consultations. A total of 50 per cent of GP visits are for either pain or mental health issues,” she added. Scanlon said she had been “surprised” to learn that more than twice as many people in the UK are affected by chronic pain as those who are affected by heart disease, which she said can lead to long-term absences from work, accruing a signifi cant cost to the UK economy. “If economic growth is our number one priority, surely we need to ensure that patients suffering pain are treated appropriately and given the opportunity to stay in work or return to work. Scotland has a reputation for parking people on methadone, antidepressants and, now, painkillers when other options could be tried if patients only got the chance.” Retiring Liberal Democrat MSP Jamie


Stone refl ected on what impact the journey to seek treatment south of the border must have on patients. “The thought of chronic pain sufferers having to endure a four-hour or seven- hour vehicle journey each way is almost unthinkable. The journey itself and the discomfort of sitting in a vehicle for that length of time can only make the condition worse.” He called for MSPs to “support


absolutely” Scanlon’s motion and consider what more could be done locally, stressing the potential role telemedicine could play.


“By delivering advice and treatment


for chronic pain at least partly via telemedicine, we could kill two birds with one stone, to use my surname. We could do something locally and we could help people. There is a great opportunity in using telemedicine to do that.” In his last speech to Parliament, SNP


MSP Dr Iain McKee said that an audit of chronic pain and other conditions is “desirable”. “Although I do not know offhand the number of Scottish patients involved, the fi gures in the motion regarding costs and so on imply that they constitute a tiny percentage of the 20


66 Holyrood 28 March 2011


per cent who experience severe chronic pain in Scotland. If that is so, the establishment in Scotland of a similar centre to the one in Bath would be a very expensive way to deal with the problem—an argument that holds little water with people who are in severe pain, as I can perfectly understand— and, which is much more important, it almost certainly would not deal with enough referrals a year for its staff to maintain the expertise that is needed for such a centre to be successful,” he said.


“Cross-border traffi c goes two ways:


English patients come to Glasgow for paediatric extracorporeal membrane oxygenation—ECMO treatment. I would have hoped that a good unionist such as Mary Scanlon would see the benefi ts of that sort of co-operation.” Responding to the motion, Public Health Minister Shona Robison said: “[The] crux of the matter is that Scottish clinicians who are responsible for pain management take the view that a small number of patients, mainly adolescents, can benefi t from the service at Bath.” Fewer patients are being referred to Bath than was previously the case, she argued, adding that this may be a refl ection of the ability of chronic pain services in Scotland to manage patients. She added: “I hope that as services in


Scotland improve, fewer referrals to Bath will be required. Ultimately, however, if a clinician thinks that Bath is the most appropriate place for treatment, we must accept that judgment.”


Double Jeopardy Bill debate


22 March 2011 By Ross Reid The Double Jeopardy Bill, which scraps


the rule preventing a person standing trial twice for the same crime, passed through Parliament. Justice Secretary Kenny MacAskill said


the Bill achieves a “careful balance” and weighs up the rights of the accused and the broader rights of victims. He added: “It upholds and enshrines


the ancient principle of double jeopardy and restates it comprehensively and in modern terms. “The legislation provides for some


strictly limited exceptions in which there is a clear and compelling case for a new trial. In short, it will - as it should - permit a trial tainted by threats or corruption to be re-run. It will allow a new trial when evidence, such as an admission or DNA material, emerges, demanding a new look at the case - the public expect no less. “It will also clarify the rules that apply when a victim dies after a trial for assault. “I am pleased that the reforms in the Bill have near-unanimous support.” Richard Baker (Lab) said: “Considering


that we are talking about a change to 800 years of Scots law, I admit to having some reservations about the fact that the debate is only a short one. “However, I concede that the Stage 2


consideration of the Bill was notable for its high degree of consensus. “The Labour Party, too, was keen that


the law should be changed before the end of this parliamentary session. We believe that victims and families who have not seen justice served should not face further uncertainty or wait longer for a change in the law. We welcome our being able to pass this law today. “The change that is represented by the Bill maintains the correct balance between the rights of an accused and those of a victim of crime. The Bill reconfi rms the principle of double jeopardy in statute, while ensuring that in future there can be new proceedings against the accused in exceptional cases in which there are clear reasons for believing that justice was not done in the original trial.” Robert Brown (Lib Dem) added: “It is


right that the rare cases in which a jury or a magistrate is nobbled and in which proceedings have been tainted because they have been undermined by illegality should be regarded as null and able to be started again. “No great exercise of legal reasoning is needed to support that proposition.” But, he added: “What has perhaps been more diffi cult to deal with is new evidence or admissions - perhaps even bragging - by the accused. In the case of a serious and appalling crime, there would – rightly - be public outrage if major new evidence, such as a new witness, the discovery of a body or compelling DNA evidence, could not be used and if a potentially dangerous criminal was allowed to walk the streets.


“I disagreed with the wide approach


to new evidence and particularly to admissions evidence. The Cabinet Secretary was right to restrict the new- evidence exception to cases that were taken on indictment in the High Court, but it would have been desirable to deal with admissions in the same way, as I suggested at Stage 2.” Cathie Craigie (Lab) said it was right


the justice system changed with the times. Mike Pringle (Lib Dem) added: “I


congratulate the rest of the Justice Committee, which has - along with the minister - guided the Bill through its various stages and scrutinised it extremely closely. “Today is the result of that scrutiny.


Between them, the committee and the minister have produced an extremely solid Bill.” Bill Aitken (Con) said: “How could we, as politicians, explain to the public that people who walk free can remain free after they have admitted committing serious crimes or if their acquittals are found to have been tainted as a result of jury nobbling or coercion? “We could not explain that away and it is therefore perfectly correct that the Government and the Parliament seek to change the law.” MacAskill concluded: “The reform


will allow the fruits of new techniques and advances in science - which are spectacular - to be used to the utmost effect. “It will allow justice to be done and


to be seen to be done, and will deliver what victims want. That is the obligation on everyone who has the privilege of serving in this chamber. “I once again thank all those members who have been involved - in particular those who will not be returning - for their service, not only in relation to the Bill but in relation to the chamber, their constituents and the country.”


Forced Marriage Bill, Stage 3 debate


22 March 2011 By George Thomson The Minister for Housing and


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