Continued Petitions

The next continued petition is PE1712, on soul and conscience letters, which was lodged by Laura Hunter. We last considered the petition in June this year, when we noted the written submission that was received from the Law Society of Scotland. It stated:

“There could be better information made available ... to the medical profession about what information is required in a S and C certificate.”

We agreed to seek the British Medical Association Scotland’s views on that suggestion. The response, which is included in our papers, highlights that no concerns have been raised with the BMA about the quality of soul and conscience guidance.

However, the BMA said that providing improved guidance could

“help ease the pressure on a GPs time and make the task both simpler and more straightforward”

and would not be “overburdensome or unduly bureaucratic”. The BMA Scotland would support the development of such guidance.

Do members have any comments or suggestions for action?

It is important that general practitioners know what is included in the letters. The underlying issue is that the petitioner feels that people can avoid justice, going to court and being held accountable for what they have done because they have a letter. The implication is that it is easy to get a letter.

You are quite right that, in writing to the Scottish Government, we should ask about improved guidance and say that we hope that any improved guidance would address the issue as the petitioner perceives it, which is that the letters are a way of avoiding going to court and can be easily elicited from a doctor. GPs might not understand the significance of the letters—it is not like getting a note from your mother to say that you are not well enough for physical education class. What comes across strongly from the petition is not so much the feeling that GPs do not know what to do, but that they possibly do not recognise the significance of the impact of their agreeing to write such letters. If we could write to the Scottish Government in those terms, that would be good. Are we all agreed?

Members indicated agreement.