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Mental Health Bill [HL]

I am grateful to all noble Lords who spoke in this debate. I am particularly grateful for the support that they gave to this group of amendments, conscious as I am of the extent of the professional expertise that exists on the Cross Benches and the very considerable lay knowledge among other speakers. The near-unanimous support for Amendment No. 15 and the part of Amendment No. 14 dealing with children was welcome. Until the Minister’s final sentences, I had thought that his reply was rather less than warm, and I was becoming despairing and not a little disappointed. However, it is good of him to say that he will take the issues away and look at them. I could have wished for more than that, but I am grateful for those small mercies. I simply ask the Minister if he would be courteous enough to read the speeches of the professional contributors to the debate, as they carry enormous authority, and to bear in mind the fact that ECT is, I think, accepted as a unique form of treatment because of its invasiveness and its recognised adverse effects. The basis of all my amendments could be summarised as simply being the precautionary principle because there is a marked split in professional opinion on the utility and effectiveness of the treatment. I remain somewhat puzzled that the Government changed their mind about the right of patients with capacity to refuse ECT. I know that the Minister said that he would look at the issue again, but I had hoped that he would say that, having considered the issue in the context of the 2004 draft Bill, there was really no difficulty about it and that he would readily draft an amendment. So I am puzzled about why the Government are so hesitant. The understanding among practitioners is that a capacity test is perfectly able to deal with the specific circumstances of different treatments, including ECT. We have debated the issue for nearly an hour, and it is time to move on. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 15 and 16 not moved.]