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Mental Health Bill [HL]

I support the amendment. I am among those of your Lordships who would like to welcome back the noble Lord, Lord Hunt of Kings Heath. I have agreed with his views on a whole range of issues over many years, and it only remains for him to agree with me for us to arrive at a satisfactory solution. I have it in mind that by the time the Bill becomes law and is implemented it will be about a quarter of a century since the passing of the Mental Health Act 1983. It might well be another quarter of a century before we have the opportunity to set out fully in legislation the principles that we believe in and to make the improvements that we seek within primary legislation. So we need to be bold and to establish in this Bill certain key principles that will stand for many years and bring a good deal of confidence back into mental health provision. I am for a bold approach. If in fact some of the principles set out in the amendment do not exactly match some provisions in the 1983 Act, then we should make some small change in that Act to make it possible to adopt this amendment within the Bill. I really want to see this established for the medium-term; that would be good for the mental health community as a whole. I will refer briefly to three basic points arising from the amendment. First, there is, "““the importance of the patient participating as fully as is possible””," in the discharge of the activities that concern him or her. We should emphasise that important point and set it out right at the beginning of the Bill. We then have the reference in the principles to carers. If we cast our minds back only five or 10 years, there would have been no reference to carers, who were very much on the margin. There has been a huge change of attitude in that area. I was a carer for many years and know what the attitudes are. It is important to get the views of the carer set out in the principles. Another important point is the question of separate treatment of children or young persons. We are coming to amendments, to one of which I have put my name, about the age appropriate setting. I really hold that view and would therefore like to see it in the principles. Lastly, there is the question of the, "““reciprocal duty to provide treatment and support””." That reflects Amendment No. 55, which stands in my name and to which we shall come eventually. There is a widespread feeling now that this is what we believe in. We have not expressed it very well before. Let us express these principles in this Bill, take a bold step and get it clear. It will last for a long time, and we shall all welcome that.