This week Scottish Lib Dems inflicted the first parliamentary defeat of this session on the minority SNP Government. SNP candidates had championed the idea of a Learning Disabilities, Autism and Neurodivergence Bill for years and it was in their manifesto for the elections in May. I represented the party at numerous hustings on disability, including specific ones to do with supporting people with learning disabilities, autism and neurodivergence, and there was unanimity amongst all parties.

Earlier this month, the SNP Government said that it would no longer pursue this, claiming that they could make change more quickly as though these things were a binary choice.

All MPs and MSPs in Scotland will have read heartbreaking accounts of the struggles that families of people with LDAN face, not least that the waiting lists for ADHD assessments in some areas are longer than half an entire statutory education period of 13 years. Think of the effect that that has on life chances. All MPs and MSPs in Scotland will be aware of children not going to school because there is simply not the support for them to enable them to access education.

The SNP’s decision to shelve the Bill and enshrine rights in law is unconscionable and we used our opposition day on Wednesday to call on the Government to bring back the Bill.

You can read the whole debate here.

The motion was proposed by Adam Harley, our health spokesperson:

On average, people with learning disabilities in Scotland die 20 years earlier than the wider population, and too many people continue to experience profound inequalities in healthcare, education, employment, social care and the justice system. That is why so many people had placed their hope in the proposed legislation, ever since the Government committed to it in 2021.

Justice spokesperson Yi-Pei Chou Turvey spoke about the impact of the justice system on people with learning disabilities, neurodivergence and autism:

I am keen for members across the Parliament to recognise that people with LDAN experience the justice system in a unique way, which is often poorly understood. Research by Dr Caitlin Gormley shone a light on their lived experience. Chloe described difficulty with managing day-to-day life in prison, and stated:

“I fill the canteen sheet out myself, but I can’t count very well”.

Drew talked about his difficulty assessing his medication in prison, as his low level of literacy made filling out forms extremely difficult. Karen talked about easily being taken advantage of by other prisoners, understanding that she struggled with social communication. Dr Gormley described people being used as pawns to take the punishment for more sophisticated criminals; people being pushed to breaking point due to lack of support and understanding from wider society; and even people craving the security and predictability that imprisonment can offer—a bed, a meal and some company.

There is an obvious flaw in the system. To address it, we need accurate and current data, which the passage of an LDAN bill would facilitate. That is why we need it back on the table.

Alex Cole-Hamilton highlighted one important aspect of what the Bill could do:

Rights that exist on paper but cannot be exercised in practice are not rights at all. One of the bill’s most important contributions could have been the creation of a right to independent advocacy, which is the best safeguard that we can offer people with vulnerabilities to ensure that their views are always heard, their rights are respected and they can challenge decisions that are made about their lives. To not provide that via legislation is also incredibly short-sighted in the context of public service reform, with research by the Henry Smith Foundation showing that every £1 that we invest in independent advocacy can save the NHS and local authorities £12.

Willie Rennie highlighted how the SNP had let down those who would have been helped by legislation:

The minister will have been listening carefully to the contributions that have been made to the debate. I have not heard a single member say that we should only introduce legislation and wait until that legislation is implemented before we do anything. Does she not feel a slight discomfort that, like with many other announcements, the Government waited until after the election to tell communities that they will not get what they thought they were going to get?

Duncan Dunlop highlighted the why legislation was so urgent:

It is the stories of those who we have heard from that really matter, whether they are adults or children. We have heard about workplaces that do not understand how lighting, seating and workstations can be inclusive in order to get the best from a mind that sees the world differently and finds vital solutions. Instead, non-adapted workplaces and well-intentioned but ignorant colleagues often lead to people experiencing symptoms of anxiety or to their talent and unique perspectives leaving work altogether. Members should note that the success of many of our high-value engineering and science-focused industries is based on an autistic and neurodiverse workforce.

As with many members, several families have approached me in despair about the lack of provision for their children. One family could not get support in schools in Aberdeenshire, and their child ended up in specialist provision in England. Two more families have struggled so badly that their children have not been to school for more than four years. Now those children are in their late teenage years, and their parents are fraught with worry about what will happen next.

The Government lost the vote.

Alex Cole-Hamilton questioned John Swinney the day after:

Swinney said he would consider the decision of Parliament. I suspect he will not be allowed to forget it unless he introduces that Bill.

* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings. You can find her on Bluesky at caronmlindsay.bsky.social