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Support for people with mental health conditions is to be strengthened through an independent review of the Mental Health (Care and Treatment) (Scotland) Act 2003, external, announced Mental Health Minister Clare Haughey.

The review aims to improve the rights and protections of those living with mental illness and remove barriers to those caring for their health and welfare.

It will examine developments in mental health law and practice on compulsory detention and on care and treatment since the current legislation came into force in 2005.

A review group will also make recommendations that reflect people’s social, economic and cultural rights and will consider the future shape of incapacity, mental health and adult support and protection legislation.

This follows on from work already underway to review incapacity law and practice, and a review of learning disability and autism.

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Labour MSP Daniel Johnson reminds the chamber he is currently an outpatient with adult mental health services and has been diagnosed with ADHD.

Mr Johnson expresses concerns around the review of autism linked with incapacity.

The minister again says people with lived experiences will be at the heart of the review.

Ms Haughey highlights there is a cross over sometimes with the legislation.

SNP MSP James Dornan says: "As someone who has seen first hand just how people used to be treated when they were involuntary treated, I am delighted to see that things are so much better."

Mr Dornan also welcomes the review and asks if it will include review include seclusion and restraint.

The minister replies physical restraint will be considered and should only ever be used as a last resort.

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Lib Dem MSP Alex Cole-Hamilton welcomes the moves to improve supported decision making.

Mr Cole-Hamilton says the UN Committee on the Rights for Those with Disabilities has raised concerns about tribunals and calls for this to be looked at.

The minister stresses there are already a number of safeguards in place, but does not disagree this area should be looked at.

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Green MSP Alison Johnstone welcomes the commitment to ensuring partners and stakeholders are at the centre of the review.

Ms Haughey welcomes the support and stresses again to put those with lived experiences at the very heart of the review.

Labour MSP David Stewart says the Adults with Incapacity Act 2000 and the Mental Health (Scotland) Act 2003 were groundbreaking at the time, but in light of current human right laws look dated.

Mr Stewart stresses people must be supported to take decisions for themselves.

He asks about improvements in the training of guardians.

Ms Haughey cites the strategy helping people and supporting them to make decisions.

The minister reiterates her commitment to look at the practice of power of attorney.

She reiterates improvements can be made to the adults with incapacity legislation without a new bill.

Ms Haughey replies this issue unites the chamber. and says in terms of the conclusion of the review, we anticipate the review will take about a year.

The mental health minister says Ms Wells makes important points about after care and pledges to ensure the rights of those who access mental health care are protected.

In terms of guardianship it is important people are encouraged to think about how to settle their affairs, she says.

The codes of practice for power of attorney will also be looked at, she elucidates.

Tory MSP Annie Wells welcomes the announcement of the review.

Ms Wells says it is imperative individuals are not disempowered with their mental health treatment.

She asks what consideration will be given to after care should compulsary detention take place, and about guardianship.

The Tory MSP asks for the timetable for this review.

The mental health minister insists the review will be stakeholder driven and evidence led.

People with lived experience must be front and centre, she adds.

Ms Haughey stresses the importance of the third sector.

The review of learning disability and autism is likely to lead to legislative change, she says.

Ms Haughey stresses the importance of protecting and promoting human rights.

She tells the chamber the principle aim of the review will be to improve the rights of people with a mental disorder.

The minister insists the government has already started on incapacity law and practice, and on autism.

She says today's announcement of a wider review will bring together all the pieces of legislation.

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Ms Haughey says she is pleased to set out today a review of the Mental Health Act and incapacity and adult support legislation.

The mental health minister adds this overarching review will examine the full legislative framework that supports and protects those with a mental health condition.

People with a mental health issue must have the same rights as everyone else, she says.

The legislative landscape may be confusing with someone perhaps being treated under three acts.

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W Hunter Watson has lodged petition PE01667, external - calling for a review of mental health and incapacity legislation and to take due account of recent developments in international human rights law.

The petitioner believes the Mental Health (Scotland) Bill was too narrow in scope and did not address the requirement to be compliant with ECHR and the UN Convention on the Rights of Persons with Disabilities (UNCRPD)

Mental Health Minister Clare Haughey will now give a statement on a review of mental health and incapacity legislation

Scottish Lib Dem leader Willie Rennie says with 35 MPs and the heft of the Scottish government, why has the finance secretary been so ineffective in lobbying the chancellor.

Mr Mackay replies it is due to unionists like Mr Rennie that means Scotland can't make the decision here.

Scottish Green Party co-convener Patrick Harvie also cites Brexit chaos, and points out even the chancellor has no idea what is going to happen in the coming weeks.

Mr Harvie asks if we won't be back here in a few weeks time, with the UK government having to revise with an emergency budget, leading to another response from the Scottish government.

That depressing assessment from Mr Harvie is correct, replies Mr Mackay.

"Scotland is being sold out," concludes the minister.

Labour MSP James Kelly agrees with Mr Mackay about the chaotic Brexit.

Mr Kelly argues it is a "scandal of gigantic proportions" that there is no clarity with 10 days to go.

If there is a no-deal Brexit, will the Scottish government have to change the budget, asks the Labour MSP.

Will Mr Mackay publish analysis of different Brexit outcomes, he adds.

The finance secretary replies a range of scenarios were published in relation to the PM's deal and no deal.

Mr Mackay reiterates: "All forms of Brexit will harm our economy."

Tory MSP Murdo Fraser says despite the miserable picture just painted, the spring statement showed tax receipts up and deficit reduction well ahead of target.

Mr Fraser insists backing Theresa May's Brexit deal will end uncertainty.

He points to £68.5m of Barnett Consequentials on top of £140m announced just in January.

Mr Mackay reiterates he has had no confirmation about the consequentials from the UK government.

Are you allowed to vote for the deal, he jokes, pointing out the people behind Mrs May at Westminster don't back it.

The minister insists that Scotland has been short changed and ripped off by the UK government.

Mr Mackay argues the chancellor has headroom but does not commit money to public services.

The finance secretary warns the Scottish government will continue to fight any attack on the devolved settlement.

He points to the cash the Conservatives have given to Northern Ireland to get the DUP on side.

It is completely unacceptable that these decisions have not led to consequentials coming to Scotland.

This has led to the loss of £3.3bn of funding, he says.

Mr Mackay pivots to the introduction of the Scottish National Investment Bank and expresses disappointment the Treasury has not confirmed dispensations.

He warns of the loss of EU funding streams and says there is no commitment to UK replacement.

"There must be no power grab from Westminster."

He argues the chancellor has willfully held back money from public services.

The spring statement takes us no further forward in our understanding of public finances in Scotland, he says.

Mr Mackay says the OBR has downgraded its forecast for UK economic growth.

The finance secretary adds that these already downbeat forecasts assume an orderly exit from the EU.

He accuses the UK government of chaotic handling of Brexit and the impact it has on the economy.

The minister warns that a no-deal Brexit could lead to an increase in unemployment of 100,000, and a deep recession.