---

Mental Health Bill [HL]

Before the noble Lord finishes, I should like to press him on Section 62 emergency treatment and remind him why it is given. Emergency ECT is given not to affect the underlying cause of the depressive illness or suicidal ideation; indeed, suicidal thoughts often get worse after emergency ECT because you are speeded up by the process. The only circumstance where one is justified in giving emergency ECT—in other words, to give it without a second opinion in a life-threatening illness—is where someone has stopped eating and drinking. Under those circumstances they have nearly always stopped speaking as well. I cannot remember a single occasion under those circumstances where the person would have capacity. It is because of that that I cannot see why we would want to allow Section 62 treatments, which, I regret to say, have occasionally been used to get round having the Section 58 second-opinion doctor turn up. I regret to say that there is some bad practice, which we do not like to talk about very much, but which exists. Section 62 has occasionally been used in a cavalier manner. The Mental Health Alliance and the Royal College of Psychiatrists are very keen to stamp that out because of the bad reputation of ECT. I am a supporter of ECT, but I would no more think of giving it under Section 62 to a person who had full capacity than fly to the moon. I ask the Minister to look again at how we can add this safeguard, which would have no impact at all on those patients for whom the noble Lord, Lord Patel, expresses anxiety.