To ask the Scottish Executive what steps it is taking to ensure that the law does not discriminate against people with mental health problems and, with reference to section 141(8) of the Mental Health Act 1983, whether it will make representations to the UK Government to end the situation whereby an MSP might lose his or her seat as a result of being detained under mental health legislation.
The Disability Discrimination Act 1995 (DDA), which is reserved to Westminster, protects disabled people from discrimination in employment, access to goods, facilities and services, the buying, renting or selling of land or property, education, transport and the exercise of public functions. The (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. Enforcement of the DDA is a matter for the Equality and Human Rights Commission, the courts and tribunals
Elections for membership of the House of Commons, the European Parliament and the Scottish Parliament are matters reserved to Westminster under Schedule 5, Head B3 of the Scotland Act 1998. Accordingly the Mental Health Act 1983, section 141(8), which was amended by the Scotland Act 1998 relates to Members of the Scottish Parliament suffering from mental illness.
In such a case the Presiding Officer will arrange for two registered medical practitioners to be appointed to report back to him/her on whether a member is suffering from a detainable mental disorder. If the report is to the effect that the member is suffering from mental disorder and authorised to be detained the Presiding Officer will arrange for the member to be visited and examined by two registered medical practitioners six months after the date of the original report. If the second report is that the member is suffering from mental disorder and authorised to be detained the Presiding Officer will lay both reports before the Scottish Parliament, whereupon the seat of the member will become vacant.
The Scottish Government is committed to the principle of non-discrimination. The Mental Health (Care and Treatment) (Scotland) Act 2003, which is the basis of Scottish mental health law, is based around a set of principles which provide for non-discrimination, equality and diversity and respect.