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| Mental Health Bill [Lords]
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| [Fifth and Sixth Sittings]
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| | Another Amendment (No. 17) proposed, in page 3, line 13, leave out from ‘is’ to end |
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| | of line 14 and insert ‘appropriate in his case, taking into account the nature and degree of |
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| | the mental disorder and all other circumstances of his case.”’.—(Ms Rosie Winterton). |
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| | Question proposed, That the Amendment be made. |
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| Clause 5, page 3, line 13, leave out ‘likely’ and insert ‘intended’. |
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| | Clause, as amended, Agreed to on division. |
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| Page 4, line 1, leave out Clause 6. |
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| | Clause disagreed to on division. |
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| Clause 8, page 4, line 28, at end insert— |
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| | ‘( ) | In the following provisions, for the words from “, having regard to” to the end |
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| | substitute “it is appropriate for the treatment to be given.”— |
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| | (a) | section 57(2)(b) (certification of second opinion where treatment |
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| | requires consent and a second opinion), and |
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| | (b) | section 58(3)(b) (certification of second opinion where treatment |
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| | requires consent or a second opinion).’. |
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| Clause 8, page 4, line 31, leave out from ‘is’ to end of line 32 and insert |
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| ‘appropriate in his case, taking into account the nature and degree of the mental disorder |
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| from which he is suffering and all other circumstances of his case.”’. |
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| | Clause, as amended, Agreed to. |
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| Clause 10, page 5, leave out line 16 and insert— |
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| Clause 10, page 5, line 16, at end insert— |
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| | ‘(i) | the particular needs and impact of treatment on black and |
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| | minority ethnic patients.’. |
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| Clause 10, page 5, line 16, at end insert— |
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| | ‘(i) | the rights of victims’. |
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| Clause 10, page 5, line 17, leave out subsection (2C). |
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| Clause 11, page 7, line 10, at end insert— |
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| | ‘(11) | After that subsection, insert— |
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| | “( ) | No person can act as a responsible clinician unless he is capable of |
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| | providing objective medical expertise of mental disorder. |
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| | ( ) | Objective medical expertise of mental disorder shall have the same |
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| | meaning as in Winterwerp v The Netherlands (1979-80) 2 EHRR 387.”’. |
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| Page 5, line 26, leave out Clause 11. |
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| Clause 13, page 8, line 45, at end insert— |
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| | ‘( ) | After that subsection, insert— |
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| | “( ) | No person can act as a responsible clinician unless he is capable of |
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| | providing objective medical expertise of mental disorder. |
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| | ( ) | Objective medical expertise of mental disorder shall have the same |
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| | meaning as in Winterwerp v The Netherlands (1979-80) 2 EHRR 387.”’. |
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| [Adjourned till Tuesday next at 10.30 a.m. |
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