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Mental Health Bill [HL]

I want to clarify the purpose of Amendment No. 31. As the noble Earl, Lord Howe, said, it concerns giving ASWs, AMHPs, police officers and ambulance crews vital access to carry out assessments. It is assumed that Section 115 of the 1983 Act gives that right, but that section applies only to the inspection of premises in which a person who is already known to be mentally disordered is living. In addition, in recent years it has become obvious that police forces are rather uncertain about their rights of entry into private premises without a warrant when they are requested to accompany an ASW. The comments of the noble Baroness, Lady Meacher, reflected that. The amendment clarifies the position. It is a small technical amendment which may appear rather inconsequential compared with the big issues that we have been debating, but it is probably one of the most important. I have debated this Bill outside the Chamber with many people. One of their biggest fears about mental health legislation is the way in which it plays out practically and, particularly, how it plays out in relation to ASBOs and people in their neighbourhoods who behave dangerously. They see the police being reluctant to take action. Although the amendment is very minor and somewhat technical, it covers an important public safety point that may be misconstrued. Therefore, I hope the Government will look on it with some sympathy.