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Mental Health Bill [Lords]

New clause 8, which is in my name, is designed to give effect to the recommendations in paragraphs 1.16 and 1.17 of the 15th report of the Joint Committee on Human Rights. Before I get to the meat of what I have to say, perhaps I might compliment my right hon. Friend the Minister on engaging very constructively with the Committee. Indeed, she gave lengthy and detailed responses to our two reports. Unusually, we reported twice on this Bill, which is very complex and raises some fundamental issues of freedom and liberty; that is why we felt it necessary to go into such detail. I am very grateful to my right hon. Friend for engaging so constructively with us. In considering new clause 8, we need to look at the United Nations convention on the rights of the child, which the UK has ratified, and to recognise that the Bill impacts on and engages a number of the convention’s articles: article 3, on the need to recognise the best interests of the child when acting concerning children; article 12, which requires consideration of children’s views in decisions on issues affecting them; and article 19, which is designed to protect children from all forms of violence, injury, abuse, neglect, maltreatment or exploitation. Of course, the article 19 right also engages article 3 of the European convention on human rights. I do not want to go into the underlying reasons for such a provision in detail; they have been adequately outlined already in the debate, particularly with reference to the children’s commissioner’s report, which has highlighted some of the serious problems and risks of abuse associated with placing children on adult psychiatric wards. We recommended the adoption of an amendment to ensure that young people receive age-appropriate assessment and placement, while at the same time not rendering illegal the placement of a child on an adult ward if that is the only way that their needs can be met. When we tabled the new clause, we had not seen the Government’s proposals, and I am delighted that they have tabled new clause 4, which represents a very satisfactory way forward as far as my Committee is concerned. In the circumstances, I do not propose to press new clause 8 any further, as my right hon. Friend the Minister has gone far enough to satisfy the concerns raised in our report.