| Mental Health Bill [Lords] - continued | House of Commons |
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Independent mental health advocate Meg Hillier NC21 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) After Section 59 insert— “59A Independent mental health advocate (1) The appropriate authority shall have a duty to arrange for assistance to be provided from independent mental health advocates to be available to patients— (a) detained under this Act, or (b) subject to a compulsory treatment order, at the end of the compulsory period of their treatment. (2) Assistance provided under subsection (1) shall ensure that each of the following matters is addressed— (a) help is available to patients in obtaining comprehensible information about— (i) the medical treatment available to them in the community and access to such treatment, (ii) social and care support in the community and access to such support, and (b) help is available to patients to exercise their rights and entitlements in accessing treatment. (3) The Secretary of State may by regulations specify the qualifications necessary for a person to act as an independent mental health advocate.”’. Right to move hospital (No. 2) Tim Loughton
NC22 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) After section 19 (regulations as to transfer of patients) insert— “19A The right to move hospital (1) The appropriate authority shall have a duty to inform a patient and his nearest relative that a request can be made to move from one hospital to another if there is a good reason to do so. (2) All applications shall be recorded by the appropriate authority. (3) If an application is refused, written reasons shall be provided to the applicant and, subject to the wishes of the patient, to the nearest relative.”.’. Minors Tim Loughton
NC23 To move the following Clause:— ‘(1) After section 38 of the 1983 Act insert— “38A Hospital and guardianship orders (minors) In the case of an offender who has not attained the age of 18 years the court shall not make an order under sections 35 (remand to hospital for report), 36 (remand to hospital for treatment), 37 (hospital and guardianship orders) or 38 (interim hospital orders) unless satisfied that the services and accommodation to be provided are sufficient for the particular needs of that offender.”’. Independent mental health advocacy (young persons) Sandra Gidley
NC24 To move the following Clause:— ‘After section 125 of the 1983 Act insert— “125C Independent mental health advocacy (young persons) (1) The appropriate authority must arrange, to such extent as it considers necessary to meet all reasonable requirements, for help from persons to be known as independent mental health advocates, to be available for patients aged 18 years or under. (2) The help available under the arrangements must include— (a) help in obtaining information about and understanding of— (i) what medical treatment is being provided to the patient; (ii) why it is being provided; (iii) under what authority it is being provided; (iv) the requirements of this Act which apply in connection with the patient’s treatment; and (v) the rights which can be exercised by or in respect of him under this Act; and (b) help (by way of representation or otherwise) in exercising those rights.”.’. Advance statements Mrs Madeleine Moon NC25 To move the following Clause:— ‘(1) The 1983 Act is amended as follows. (2) After section 142 insert— “142A Advance statements (1) In this section ‘advance statement’ means a written statement made by a patient (‘P’)— (a) when P has reached the age of 18 and has the capacity to make such a statement, and (b) deposited with the person (‘N’) who is primarily responsible for P’s care. (2) An advance statement may contain— (a) information about P, and (b) directions as to the persons to whom that information (or specified pieces of information) is to be communicated if P becomes mentally disordered. (3) N must— (a) have regard to the advance statement; (b) ensure that any other person who is concerned with the care of P is aware of the advance statement. (4) P may— (a) withdraw an advance statement, or (b) replace it with an amended advance statement, at any time when P has the capacity to do so.”.’. Race equality duty Mr Tim Boswell
NC26 To move the following Clause:— ‘After section 114 of the 1983 Act insert— “114B Duty to implement the Race Equality Duty (1) (a) The local social services authority; and (b) the relevant body responsible for registered medical practitioners and approved clinicians shall implement the general race equality duty under section 71(1) of the Race Relations Act 1976, through actions which shall include— (i) the collecting and analysing of relevant data; (ii) involving affected persons and organisations in matters concerning service delivery; (iii) preparing and implementing an equality action plan; and (iv) publicly reporting each year on their performance on race equality. (2) Approved mental health practitioners and approved clinicians and registered medical practitioners in assisting their regulatory bodies with the performance of their duty under section 1 shall— (a) monitor and evaluate their decisions and practices in the exercise of their functions under the Act; (b) take action to eliminate unlawful racial discrimination arising from the exercise of their function; and (c) report on such action to their regulatory body. (3) The appropriate national authority may by regulations make provision for training for approved mental health professionals, approved clinicians and registered medical practitioners to include training in cultural awareness.”.’. Amendment to section 40 of Mental Capacity Act 2005 Angela Browning
NC27 To move the following Clause:— ‘(1) In section 40 of the Mental Capacity Act 2005— (a) in paragraph (a) after “P” insert, “other than a donee for property and affairs of P acting in a professional capacity”, (b) in paragraph (c) after “P” insert, “other than a deputy who has been appointed by the Court for the property and affairs of P in a professional capacity.”, (c) in paragraph (d) after “P” insert, “other than a donee acting in a professional capacity”’. Ms Rosie Winterton ORDER OF THE HOUSE [16TH APRIL 2007] The following provisions shall apply to the Mental Health Bill [Lords]: Committal 1. The Bill shall be committed to a Public Bill Committee. Proceedings in Public Bill Committee 2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 15th May 2007. 3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed. ORDER OF THE COMMITTEE [24TH APRIL] That— (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 24th April) meet— (a) at 4.30 p.m. on Tuesday 24th April; (b) at 9.25 a.m. and 1.30 p.m. on Thursday 26th April; (c) at 10.30 a.m. and 4.30 p.m. on Tuesday 1st May; (d) at 10.30 a.m. and 4.30 p.m. on Tuesday 8th May; (e) at 9.25 a.m. and 1.30 p.m. on Thursday 10th May; (f) at 10.30 a.m. and 4.30 p.m. on Tuesday 15th May; (2) the proceedings shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 23; Schedule 2; Clauses 24 to 32; Schedules 3 and 4; Clauses 33 to 38; Schedule 5; Clauses 39 to 47; Schedules 6 to 8; Clauses 48 to 50; Schedule 9; Clauses 51 and 52; Schedule 10; Clauses 53 to 55; new Clauses; new Schedules; remaining proceedings on the Bill; (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.30 p.m. on Tuesday 15th May. |
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