Parliament Workbench
Data: Official Report to 12 Nov 2026

Official Report · Committee

Continued Petitions

Soul and Conscience Letters (PE1712)

Thursday 10 September 2020 Public Petitions Committee About 10:15 Petitions 6 contributions · 5 speakers

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The record

6 contributions
Johann Lamont Lab The Convener · Glasgow
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The next continued petition for consideration is petition PE1712, on soul and conscience letters. The petition, which was lodged by Laura Hunter, calls on the Scottish Parliament to urge the Scottish Government to review the use of soul and conscience letters in criminal proceedings and to produce guidance for the courts and general practitioner practices on the use of those letters, including guidance on alternatives to court appearance if an accused person is deemed unfit to attend in person.

Since the previous consideration of the petition, we have received a submission from the Scottish Government, which is summarised in the clerk’s note. The committee asked the Scottish Government whether it had any plans to update the guidance for the medical profession on the use of soul and conscience letters, and the Scottish Government responded that it was unaware of any current abuse of the process. The British Medical Association Scotland and the Law Society of Scotland also told the committee that in previous written submissions.

The Scottish Government advised us that the guidance

“does not come under the responsibility of the Scottish Government and so any suggestion that the guidance could usefully be updated should be directed to the relevant medical professional bodies such as the General Medical Council.”

I would be interested in members’ views on whether we can usefully do any more. Basically, it struck me that it is a matter of the way that the justice system operates. It is an issue for the Scottish Government that there is not a process by which people who should be going to the courts are finding a loophole to avoid appearance. That might not be happening, but it is clear that that is the concern that the petitioner has flagged up.

David Torrance SNP Kirkcaldy
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The British Medical Association Scotland and the Scottish Government have indicated that there are no concerns in the area, but I would like to keep the petition open. I would like us to write to the General Medical Council to seek its views, and we can seek further views from the British Medical Association Scotland.

Maurice Corry Con West Scotland
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My opinion is similar to that of David Torrance. I would like to keep the petition open and take the action that he has suggested.

Gail Ross SNP Caithness, Sutherland and Ross
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The British Medical Association Scotland has said that better information could be made available. Given that the guidance is down to the General Medical Council, it would be good to seek its views. On whether we should close the petition with the condition that we write to the General Medical Council, I do not see that there is any course of action that we can take after that. If the General Medical Council is going to update the guidance, it will do so; if not, there is very little that we can do. We could leave the petition open to see what the General Medical Council’s response is, but I am minded to close it with the proviso that we write to the General Medical Council, because I do not see that there is anything that we could usefully do with the reply that it gives us.

Tom Mason Con North East Scotland
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We should keep the petition open. Something might come up that we are not aware of at the moment, so it might be premature to close it. We should keep it open and write to seek more information on the matter.

Johann Lamont Lab The Convener · Glasgow
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I understand Gail Ross’s point but, if we close the petition, we cannot then receive the correspondence or do anything with it.

My sense from the committee generally is that, although we think that there is probably a limited role for the committee, we want to check with the General Medical Council whether it is aware of the issue and is flagging up to its members that there could be a misuse of the process. However, we recognise that the issue has been highlighted and that there will be a limit to the committee’s further engagement.

Do members agree that we should write to the General Medical Council to seek its views on the BMA’s response and that we can deal with the petition thereafter? I think that we have agreement on that.

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  4. 09:45 New Petitions Petitions · 6
  5. 10:00 New Petitions Petitions · 7
  6. 10:00 New Petitions Petitions · 7
  7. 10:15 Continued Petitions Petitions · 6
  8. 10:15 Continued Petitions Petitions · 6
  9. 10:15 Continued Petitions Petitions · 6
  10. 10:15 Continued Petitions Petitions · 10
  11. 10:45 Continued Petitions Petitions · 6
  12. 10:45 Continued Petitions Petitions · 6
  13. 10:45 Continued Petitions Petitions · 6
  14. 10:45 Continued Petitions Petitions · 6

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