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Seòmar agus comataidhean

Delegated Powers and Law Reform Committee

Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill: Stage 1

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Introduction

  1. At its meeting on 28 September 2021, the Delegated Powers and Law Reform Committee considered the delegated powers contained in the Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill (“the Bill”) at Stage 1.i

  1. The Committee submits this report to the lead Committee for the Bill under Rule 9.6.2 of Standing Orders.

Overview of the Bill

  1. This Scottish Government Bill was introduced by the Cabinet Secretary for Health and Social Care, Humza Yousaf MSP, on 23 June 2021. The lead committee is the Health, Social Care & Sport Committee.

  1. The Bill confers power for the Scottish Ministers to make payments (via a scheme) reimbursing certain costs in relation to privately arranged surgery to remove transvaginal mesh.

  1. The Explanatory Notes accompanying the Bill explain that transvaginal mesh was used to alleviate symptoms of stress urinary incontinence and pelvic organ prolapse in Scotland until such use was halted in 2018. In some cases, complications associated with the use of transvaginal mesh may lead to a need to remove the mesh. The notes further explain that although removal surgery is available via the NHS in Scotland, a number of mesh recipients have arranged removal surgery privatelyi. Further explanation of the reasons for this are provided in the Policy Memorandum for the Billii.

  1. The Bill has five sections. It makes provisions as follows:

    • Section 1 empowers the Scottish Ministers to reimburse relevant persons for costs relating to transvaginal mesh removal surgery by putting in place a scheme for the making of such reimbursement payments. Section 1 defines “mesh removal surgery” and sets the criteria for mesh removal surgery which qualifies for reimbursement. The provision also sets out what reimbursable costs are incurred in relation to qualifying mesh removal surgery.

    • Section 2 makes further provision about the scheme of reimbursement payments. This includes provision on application and applicant requirements and review processes.

    • Section 3 confers power on the Scottish Ministers to make ancillary provision in relation to the Bill.

    • Section 4 provides for commencement, and Section 5 sets out the short title of this Bill.

Delegated Powers

  1. The Bill confers two powers to make subordinate legislation on the Scottish Ministers. The Scottish Government has prepared a Delegated Powers Memorandum which sets out the reasons for taking the delegated powers in the Bill and the parliamentary scrutiny procedure that has been chosen.i

  1. The Committee considered each of the two delegated powers in the Bill. It determined that it did not need to draw the attention of the Parliament to the delegated powers in either of the following provisions:

    • Section 1(1) – Power for Scottish Ministers to reimburse costs relating to the removal of transvaginal mesh; and

    • Section 3(1) – Power to make ancillary provision in relation to the Bill.

  1. The Committee is therefore content with the delegated powers provisions contained in the Bill.