Apologies made in accordance with Health Bill’s duty of candour exempted from Apologies (Scotland) Bill

The amendment exempts apologies made under the duty of candour procedure as set out in the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill from the Apologies Bill.

The Society’s health and medical law committee had proposed such an amendment to members of the Justice Committee in November.

Minister for Community Safety and Legal Affairs Paul Wheelhouse MSPtabled the amendment at a Justice Committee meeting.

Alison Britton, convener of the Society’s health and medical law committee, said: “We are delighted to see that the Justice Committee accepted the amendment.

“Both the Apologies Bill and the Health Bill provided for two very different definitions of an apology – meaning the law of unintended consequences may have applied, causing confusion and leading to an unforeseen or unanticipated consequence. If this had happened, it would have meant that the policy intentions behind both bills may have failed. This amendment means that this will not happen.”