 I now call on Clare Hockey to make her statement, Ms Hockey, please. Thank you, Presiding Officer. Across this chamber, I know that there is commitment to creating a modern, inclusive Scotland that protects, respects and realises internationally recognised human rights. To help deliver this, I am pleased to set out today that we will undertake a review of the Mental Health Act, along with on-going work on incapacity and adult support and protection legislation. That overarching review will examine the full legislative framework that supports and protects those with a mental disorder. People affected by profound mental health issues must have the same rights as everyone else. That includes respecting the right to have a private and family life, protection from discrimination, as well as participating in those decisions that involve them. The overwhelming majority of people who are accessing mental health care and treatment do so voluntarily. Very few people are ever treated for a mental disorder against their will. Where they are, it must be because it is necessary to protect them or to protect other people. We need to be mindful, as a Parliament and as a society, that that is at a time when they are very unwell and also very vulnerable. People with a mental disorder may also be subject to adults within capacity or adult support and protection acts if they are at risk of harm or neglect. Depending on their needs, a person may be subject to one, two or all three of those acts. That might be confusing for the individual and their carers and create barriers for them and to those caring for their health and welfare. While huge advances have taken place in mental health in terms of treatment and changing social attitudes, we have also been clear that we will continue to keep the changing context under review to ensure that our laws are fit for purpose and, importantly, put people at the heart of our legislation. In recent years, there has been an increasing focus in all areas of public life on the importance of protecting and promoting human rights and on recognising the rights of people with disabilities. The European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities have provided us with an opportunity to look again at our legislation to ensure that the rights and protections of those with a mental disorder are fully respected. Our legislation is already firmly based on rights and contains principles that reflect that ethos. It has never been found, in part or whole, by the European Court of Human Rights to be incompatible with its convention, but that does not mean that we cannot go further. At the time of its introduction, the Mental Health Scotland Act 2005 was a groundbreaking piece of legislation. It provided safeguards for those who became unwell and required compulsory care and treatment for a mental disorder. It also addressed wider issues such as the rights of service users and carers, as well as protection from abuse and ill treatment. The 2005 act also focuses on what is most important and least restrictive for the individual patient, enabling them in some cases to be cared for and treated in the community, rather than being admitted to hospital. It contains significant safeguards such as the right to independent advocacy and an efficient and independent mental health tribunal, which grants and reviews orders for compulsory treatment. Also an independent body, the Mental Welfare Commission, which monitors the use of the Scottish mental health law, including compulsory treatment, has the power to intervene if there is evidence of improper care, treatment or practices. Fourteen years on, I believe that the time is now right to look again at those laws to ensure that it reflects fully our ambitions and the needs of those whom it is intended to support when they most need it. The principal aim of the review of the Mental Health Act is to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare. It will do that by reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health Act 2003 came into force, making recommendations that give effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people's social, economic and cultural rights, including UNCRPD and ECHR requirements, and considering the need for the conversions of incapacity, mental health and adult support and protection legislation. However, we are not starting this work from scratch. We have already started to take action. Work has already started on a review of incapacity law and practice, as well as a review of learning disability and autism under the Mental Health Act. We will also shortly be undertaking work on the Adult Support and Protection Act, which provides a framework for decision making that involves balancing human rights and risk. Work on a review of adults with incapacity legislation and practice has to date not yet considered in any detail matters relating to the crossover between adults with incapacity and mental health legislation, or how those laws converge, or the definition of mental disorder, or its use as the gateway to intervention under the two pieces of legislation. Those matters could not be considered in isolation from wider mental health legislation. Today's announcement of a wider review gives us the opportunity to consider all those matters together. Work on incapacity reform will also be carried out around improvements to practice that can be made without any legislative change, namely development of a supported decision making strategy, improvements in training, support and supervision for guardians and attorneys, and training for professionals across health, social care and the law. Partners and stakeholders are vital to the success of this work, and we will ensure that their contributions are at the centre of this work. On mental health law, we are already taking forward an independent review of learning disability and autism in the Mental Health Act, which started last year and is considering the wider issue of whether the current legislation needs to change for people with learning disability and autism. The independent review is not looking at individual cases, but is reviewing the law and will be developing ideas on how to improve legislation if needed so that it can better support people's human rights, and it will report to me by the end of this year. The on-going work, taken together with the broader review of the Mental Health Act announced today, will mean that we now have a comprehensive programme of activity, mounting to an overarching review of the legislative framework affecting people with mental disorder and those who care for them. I want to be clear that this work will be stakeholder driven and evidence led. We want to gather views from as wide a range of people as possible. Throughout the process, I am determined to ensure that the views of patients and those with lived experience and those that care for them are front and centre of this work to be taken forward so that they can help to shape the future direction of our legislation. We need to work together in partnership to address issues that are affecting the lives of those with incapacity and mental disorder. The third sector in particular will be key to making this happen. It has a wealth of knowledge and understanding concerning the impact that our legislation has on people's lives. We must all recognise the role that we have to play and the importance of getting this right together. The findings from each of those reviews that I have outlined today will help to set the future direction of travel for our laws in this area, but it is important that we do wait for the findings from all the individual pieces of work before drawing any conclusions. The review of the learning disability of learning disability and autism is also likely to recommend legislative change, and that has potential to affect the overall legislative landscape. I hope that the review of mental health legislation that I have set out today is a further significant step towards ensuring that Scotland's legislative framework continues to lead the world. It demonstrates this Government's on-going commitment to considering the challenges and issues of human rights in mental health care settings and to ensuring that rights and protections of those that need it most are upheld. Thank you very much, minister. The minister will now take questions on the issues raised. The statement I intend to allow around 20 minutes for questions, after which we will move on to next item of business. I can ask members who wish to ask a question to press the request to speak buttons now. I call Annie Wells to be followed by David Stewart. Thank you, Deputy Presiding Officer, and I thank the minister for her advanced site of her statement. I also welcome the minister's announcement of an overarching review of the mental health and incapacity legislation. It is imperative that individuals are not disempowered when it comes to their treatment, as far as possible, patients should be able to make decisions about their own lives. Last year, someone came to me to discuss their experiences of compulsory detention and treatment many, many years ago. What was clear was the lasting impact that it had on their life, and it is still causing considerable distress. Can I ask the minister what consideration the review will give to a patient's aftercare should compulsory detention and treatment take place? Can I ask the minister what consideration will be given to guidance around guardianship, which, as we know, figures are on the increase? When will we hear the conclusion of the review, as well as the timetable for taking forward recommendations thereafter? I am pleased to hear that Annie Wells is welcoming the review of legislation, which is really important. As I said at the start of my statement, it unites the chamber, and we should all be working together on it. She has asked me several questions, so please forgive me if I miss any. In terms of the conclusion, if I try to take the questions from the last one first, we anticipate that the review will take around a year. However, it would be naïve of me to be putting timescales on a review at the outset, but we are anticipating that that would be the length of time. I think that she makes some very important points in terms of aftercare. It is important to remember that the vast majority of people who access mental health care do so on a voluntary basis, but we need to ensure that the rights of all people who access mental health care are respected. That will be something that runs through the theme of our mental health legislation currently, and I anticipate that it will continue to do so. In terms of guardianship, it is important that we ensure that, under our Adults Within Capacity legislation, we encourage people to think early about how they settle their affairs and ensure that what they want is respected when they are not in a position to be able to enact those wishes and, certainly, the Adults Within Capacity legislation review and the comprehensive programme that will be taken forward in terms of the non-legislative changes will look at additional training programmes, will look at reviewing the guidance there and the codes of practice for powers of attorney as well. David Stewart, to be followed by Alison Johnstone. Thank you, Presiding Officer. I thank the minister for early sight of her statement. The Adults With Incapacity Act of 2000 and the 2003 Mental Health Act were groundbreaking at the time, but in light of current international human rights laws, they now look increasingly dated. Does the minister share my view that the UN Convention on the Rights of Persons with Disabilities is a crucial touchstone? Does the minister share my view that the key question need to ask about future policy legislation is, are we doing more to support people to take decisions for themselves, even if they have a mental illness, dementia or intellectual disability, and to give effect to those decisions? The minister under statement outlined improvements in practice to Incapacity without the need for legislative change. Could the minister provide the chamber with more detail about the strategy, for example, in improvements in the training and support of guardians? Mr Stewart has asked me several questions in that question, so forgive me if I do not answer them all. I would be happy to come back to him if I miss anything out that he has asked. A significant feature of the work around the Adults With Incapacity practice is the development of the supported decision-making strategy. That aims to provide more support for people to make their decisions about their life and care in keeping with the UNCRPD, as he mentioned. The findings of that review will enhance the work that we have going forward. In addition, as I mentioned to Annie Wells, our first priority will be the revision to the codes of practice of power of attorney. That work will highlight the need for every adult in Scotland to consider appointing an attorney, although it has the capacity to do so. It will provide information on the rights and responsibilities of attorneys and safeguards that are in place to protect individuals and the sanctions that can be imposed for the misuse of power of attorney. We believe that those changes should make a substantive improvement to the delivery of services and the wellbeing of persons impacted by the AWI legislation. In terms of his reference to the UNCRPD, yes, absolutely. I agree with him that it should be the touchstone for all that we do in terms of legislation. I think that I have missed out one of those questions, but I will check back the official record and I will write to Mr Stewart on that point. The Deputy First Minister could have mentioned the one that you missed. What was the one that you missed? Do you not know? You do not know, do not bother. Yes, I do, Presiding Officer. I am very happy, as always, to have two bites at one cherry. The final question that I raised was that the minister made it clear in her statement that we do not need legislation. We can look at changes, so, for example— No, that is fine. We are down now. Thank you, Presiding Officer. Yes, that was in terms of the adults within capacity legislation, that we believe that there are improvements that we can do without enacting legislation, and those are improvements that we can progress from now on. Flexibility. I call Alison Johnstone to follow up on Alex Cole-Hamilton, please. Thank you. The minister is right to state that people affected by profound mental health issues have the right to participate in decisions that affect them. I welcome the minister's commitment to ensuring that partners and stakeholders are at the centre of the review. Can the minister outline how she will engage with those who will be most directly affected by any change in legislation, such as people classed as adults within capacity? I welcome Alison Johnstone's support in the review of the legislation. I believe that we have to have that lived experience voice right at the heart of the review. We need partners and stakeholders, but we need to hear the voices of those who have been through mental health difficulties and access mental health services and their carers, as well as partners and stakeholders. We will be appointing a chair for the review very shortly. Although I would not want to be pre-empting how they carry out that review within the parameters of what I have already set out today, it is key that stakeholders are sat round that table and that we tap into the wealth of knowledge that they have third sector organisations and healthcare professionals and various other organisations that support people with mental health difficulties and ensure that their voices are there. Alex Cole-Hamilton, James Dornan. Thank you very much, Presiding Officer. I am grateful for the early sight of the statement. I am also very grateful to see the moves to improve supported decision making, but that will not necessarily improve the ability with which we have to hear the voices of people affected by the legislation in the process. The United Nations Committee on the Rights of People with Disabilities has raised several concerns about the overuse of curators in mental health tribunals. Can the minister confirm that she will ask that review to look at the area so that we can improve the ability of people who come before those tribunals to be heard in their own words? Questions have been asked, and I want to get every answer. We will need to have shorter questions and possible shorter answers, please. I think that it is important to say at the outset that there are already a number of safeguards under mental health legislation. Currently, the right to appeal, detention, independent advocacy and compulsory treatment under the mental health review tribunal are reviewed by the mental health review tribunal. There is also the mental welfare commission, which also safeguards rights. However, I do not disagree with Mr Cole-Hamilton that that is an area that should be looked at. We are looking at mental health legislation right across the piece, not just for those who access services informally, but also for those who are subject to detention. I would expect that that would be an area that would be looked at under the review. As someone who has seen first-hand just how people used to be treated when they were involuntarily treated, I am delighted to see so much has changed for the better, and I am also delighted that the Scottish Government is holding this review. Clearly, there is still much more to be done to protect those vulnerable individuals. Therefore, I would like to ask the minister if this review is going to consider the use of seclusion and restraint. Thank you, Mr Dornan. Part of the terms of reference for this review will consider the role of physical restraint isolation and segregation. We are absolutely clear that everyone should be able to feel safe while receiving treatment or working in our mental health services, and the use of physical restraint should only ever be a last resort. As we work to further improve our mental health services, the experiences of patients and their families and staff are key to shaping treatment and support. The mental health strategy commits to funding 800 additional mental health workers in key settings. Importantly, the Scottish patient safety programme for mental health has led to reductions in self-harm, seclusion, violence and aggression, and restraint across a number of areas through collaboration and innovation from staff, service users and carers, and the use of quality improvement and improvement signs over the past six years. Miles Briggs, well by Emma Harper. Two years ago, the health and sport committee suggested to SNP ministers that this review could take place and give Parliament appropriate time to take forward any legislative change. Given that ministers are only today announcing this review, which will be potentially only included in the final programme for government ahead of 2021, and given this rushed legislation that we could see, when will she set out to Parliament a timetable at the earliest opportunity for how this can be progressed through Parliament? When the Mental Health Act was introduced in 2005, it increased the rights and protections for people with mental disorders. Since then, there have been huge advances that have taken place in relation to mental health in terms of treatment and the change in social attitudes. As I said in my statement, I think that, currently, 14 years after the introduction of that legislation, now is the time to be reviewing where we are at. I answered a question earlier about timescales in terms of when I expect this review to report. I anticipate in 12 months time, but I do not want to put firm timelines on that. I think that it would be very naive of me to do that. It is a very complex piece of legislation that is going to encompass possibly several other pieces of legislation. It is important that we do that correctly, and rushing something like that does not do that justice. Could the minister confirm how the review will adopt a human rights approach to its engagement? When the Mental Health Act was introduced in 2005, it increased the rights and protections for people with mental disorders. Since then, huge advances have taken place in relation to mental health, in terms of treatment and changing social attitudes, as well as an increasing focus in all areas of public life on the importance of protecting and promoting human rights. Depending on their needs, a person could be subject to the Mental Health Act, the Adults and Capacity Act and the Adult Support and Protection Act. We have already begun work to reform and capacity law in practice and will begin to work on the Adults Support and Protection Act. A human rights-based approach is about empowering people to know and to claim their rights and increasing the ability and accountability of individuals and institutions who are responsible for respecting, protecting and fulfilling rights. In our approach to taking the review forward, we will ensure that service users are involved in ways that make sure that their voices are heard on decisions that impact on them. Mary Fee, followed by Angela Constance. The scale of the review crosses many portfolios and is a massive task, given the importance of the legislation that is already in place. I welcome the response that the minister gave to Alison Johnstone, but I wonder whether the minister could give any further details of what stakeholders and other agencies will be involved in the review process and who will oversee the work that they do? The review process will have a chair appointed shortly. I anticipate that the number of stakeholders involved in this, given the interest in the legislation. As Mary Fee says, the number of portfolios in this Parliament crosses a wide range of stakeholders. I anticipate that this will be a large piece of work. As I said to Miles Briggs, we need to ensure that we get this right. I am unable to put some firm timescales around this, because I think that that would do an injustice to the work that that review body is going to do. Angela Constance, followed by Brian Whittle. As a former mental health officer, I declare an interest and I very much welcome the overarching review. Given the role of mental health officers in ensuring that people's rights are protected and respected, particularly when compulsory care or treatment is being considered, I wondered whether the minister will take on board that, despite an increase in the number of mental health officers, 22 local authorities still report a shortage of MHOs. Will the minister commit to some specific engagement with mental health officers as a group of professionals? As a former mental health nurse, I concur with Angela Constance's view of how invaluable mental health officers are in helping the NHS to provide the care and treatment that people with mental distress and mental illness have. Local authorities are responsible for ensuring that there are sufficient mental health officers to deliver their statutory responsibilities and for planning their mental health workforce. Scottish Government has engaged with key stakeholders to consider possible approaches to increasing MHO training and capacity, linked to action 35 of the mental health strategy, and work is being taken forward under the national health and social care workforce plan. Brian Whittle, followed by Fulton MacGregor. I think that it is important that there is a capacity to implement any of the review findings in subsequent legislation. With that in mind, will this review look at the considerable time pressures that our GPs and other healthcare professionals are under in their consultation that perhaps prohibit them from exploring all potential treatment options and potentially the implementation of any review findings? I am not quite sure where Mr Whittle was going with his question there. I am not sure if he was infaring that people are detained under the mental health act because of lack of other treatment options. I am unclear about what he was asking there. Certainly this Government has shown that mental health is a priority. The Cabinet Secretary for Health and Sport has assured the chamber that mental health is a priority. We have invested heavily in the workforce and we have invested in growing that workforce right across all the different professions in mental health. We have also put substantial investment into primary care services and expanding the primary care team. I would expect that the review will take account of the changing landscape of staffing right across the health service and social care when it comes back to us with its findings. Can the minister outline what will happen to the adults with incapacity reform work that has currently been taken forward? We are proceeding with a comprehensive programme of non-legislative changes to practice and guidance. We are developing a strategy for supported decision making to enable people with impaired capacity to have the support that they need to make their own decisions about their life and care. We will provide a comprehensive training programme for professionals across health, social care and the law. We are improving the provision of support for guardians and attorneys and we are revising the current codes of practice and guidance to provide clarity on the law as it stands. As I said previously, our first priority will be the revision to the codes of practice on powers of attorney, and that work will highlight the need for every adult in Scotland to consider appointing an attorney while they have the capacity to do so. It will provide information on the rights and responsibilities of attorneys and the safeguards that are in place to protect individuals and the sanctions that can be imposed for the misuse of power of attorney. I take this opportunity to encourage all MSPs in this chamber to give consideration to appointing a power of attorney while they have the capacity to do so. I do not know if you are looking at me at the time, but I hope not. I have no intention of doing it at the moment. That was the inquiry that I called Daniel Johnson to follow by Rona Mackay. I remind the chamber that I am currently a patient with adult mental health services and outpatient and have a diagnosed neurodevelopmental disorder. There may be some concern from the autistic community today, given that the review work into autism is being linked with incapacity, especially when many within that community are seeking a move away from the deficit model. Could the minister explain how the scope will be managed between acute and chronic conditions? Importantly, on the point around stakeholder-led nature of the review, confirm whether the review group into the review into learning disability and autism will include people with autism. I assure Daniel Johnson that I want to make sure that the voice of people with lived experiences is at the heart of the review. I can understand some of his concern about mental health legislation and capacity legislation, but certainly with adults within capacity legislation, there is a crossover often. Although it does not affect everyone who comes into contact with mental health services, there is a crossover sometimes of that legislation and sometimes also with adult support and protection. We are trying to ensure that the system will be easier to navigate both for people who are subject to some of that law, but also for the people who are looking after them, for the healthcare and social care professionals. I take on board what Mr Johnson says. I hope that he will take my reassurance that I want to make sure that the voice of lived experiences is at the heart of the review. Does the minister agree with me that the overarching review will give both patients and families more support and protection with regard to their human rights? That will be stakeholder-driven and evidence-led. Therefore, it is crucial that people have an opportunity to make their views known, and there will be a full public consultation. Each stage of the process will have to create an engagement strategy, which is not only transparent but also affords the opportunity to gather as wide-ranging views as possible. The aim will be to engage people with real experiences, service users, carers and professionals, as well as those with a more academic interest. The third sector, in particular, will be key to making that happen. They have a wealth of knowledge and understanding concerning the impact of our legislation on people's lives. That concludes questions on the statement of a short suspension to allow the front measure to change places for the next item of business.