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Legislation X
Mental Health Bill (HL) 2006-07

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Mental Health Bill (HL) 2006-07 (231)
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Deposited by
Department of Health
Type
Deposited papers
Date
20 February 2007
Reference
DEP 07/427
House
House of Lords; House of Commons

My Lords, I am glad that the noble Lord, Lord Alderdice, mentioned resources because I wonder whether a regulatory impact assessment has been made of this proposal. There are not enough resources to cope with people who have been clinically assessed as needing treatment, and now we are proposing to...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c933
House
House of Lords

moved Amendment No. 2: 2: Clause 2 , page 2, leave out lines 13 and 14 The noble Lord said: My Lords, before speaking to Amendment No. 2, on which I shall detain your Lordships for a very short time, I should like to express my thanks to all those...

Member
Lord Rix (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c903-4
House
House of Lords

I am not arguing against that position. I shall come back to that matter shortly, if I may. As many noble Lords know far better than I, there is a spectrum to acute intoxication just as with many other mental disorders. No one is ever likely to be detained because...

Member
Baroness Royall of Blaisdon (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c919-21
House
House of Lords

My Lords, I had difficulty following the noble Baroness because the Bill itself contains an exclusion for substance dependence; therefore, the Government agree with me on that issue. I find it difficult to understand why the noble Baroness argued against that position.

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c919
House
House of Lords

My Lords, I too support this amendment. As noble Lords know, I am a practitioner in the criminal courts and a great deal of my work takes place at the interface between law and psychiatry, so I am conscious of what has happened in other common law jurisdictions and have...

Member
Baroness Kennedy of the Shaws (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c912
House
House of Lords

My Lords, I want to reiterate my support for the amendment and follow up on some comments I made in Committee. I wish to speak briefly about some of the specifics, first in relation to substance misuse. Here I should declare again an interest as chief executive of Turning Point...

Member
Lord Adebowale (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c912-3
House
House of Lords

My Lords, I am sure that the Minister’s brief includes the apophatic tradition, and that she will no doubt tell us about it. Mine did not, but then I have the noble Baroness, Lady Neuberger, beside me, who tells me that the right reverend Prelate is absolutely right. I shall...

Member
Baroness Barker (Liberal Democrat)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c910-1
House
House of Lords

My Lords, we can fairly claim that this issue is a question of principle, and a substantial one at that. It is and has been for many years necessary to make a clear distinction between the roles of medicine, particularly for psychiatrists, and criminal justice. Few would deny that psychiatrists...

Member
Lord Owen (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c911
House
House of Lords

My Lords, my noble friend Lady Kennedy put her finger on the key issue: whether it is better to put something like this in the Bill or to rely on professional standards, codes of conduct and the underlying general law of the country. I tend to prefer the latter, although...

Member
Lord Soley (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c914-7
House
House of Lords

My Lords, this has been an important debate on a key part of the Bill—indeed, an issue of principle. This amendment is the same as the one we discussed in Committee, and in many ways the arguments have been well rehearsed, although I have learnt an enormous amount including about...

Member
Baroness Royall of Blaisdon (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c917-9
House
House of Lords

My Lords, I would like to speak about diagnosis, adverted to by my noble friend Lady Barker and the noble Lord, Lord Owen. It is important to be clear what you are dealing with medically, whether we are talking about physical or psychological medicine. That is not at all easy...

Member
Lord Alderdice (Liberal Democrat)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c913-4
House
House of Lords

My Lords, I, too, support the noble Earl, Lord Howe, in this amendment. This category includes another group of people who are labelled as having a personality disorder but are physically ill. They are people with ME. Over and over again, I hear about people with ME being described as...

Member
Countess of Mar (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c914
House
House of Lords

My Lords, briefly, I support the noble Earl, Lord Howe, on the amendment. I do not want to repeat what I said in Committee, but many of our discussions throughout the passage of the Bill have been intended to ensure that people who are really in need of care and...

Member
Baroness Murphy (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c909
House
House of Lords

My Lords, the key test is whether there is an underlying mental disorder. That may exhibit itself in any of the behaviours listed in the amendment. The question which the clinician has to ask himself or herself is whether there is an underlying mental disorder. They should not allow the...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c908
House
House of Lords

My Lords, I am delighted to see the noble Lord, Lord Rix, in his place once more. We missed him. I am also pleased and privileged to have an opportunity to pay tribute to him. He is an extraordinary man: from coal mine to Mencap, he has over so many...

Member
Baroness Royall of Blaisdon (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c904-6
House
House of Lords

My Lords, what can I say after that? It is a most generous offer—one which I happily accept. I am overwhelmed by its scope. The fact that Mencap and I can be involved in the code of practice is a tremendous asset for us. I am extremely grateful to the...

Member
Lord Rix (Crossbench)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c906
House
House of Lords

moved Amendment No. 3: 3: Clause 3 , page 2, leave out lines 25 and 26 and insert— ““““(3) For the purposes of subsection (2) above, a person shall not be considered to have a mental disorder as defined in this section solely on the grounds of— (a) his substance...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c906-8
House
House of Lords

My Lords, will the noble Earl clarify how paragraph (c) of the amendment would work in the case of a compulsive disorder where the nature of the compulsion is likely to result in a criminal or disorder offence?

Member
Lord Soley (Labour)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c908
House
House of Lords

My Lords, if a responsible medical officer, be it a consultant psychiatrist or the patient’s general practitioner, disagreed with the clinician, would they be required to continue prescribing medication for the patient in a context which they believed to be clinically unsuitable, because a non-medical practitioner would not be in...

Member
Lord Alderdice (Liberal Democrat)
Type
Proceeding contributions
Date
19 February 2007
Reference
689 c945
House
House of Lords