House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

11

House of Commons

Thursday 10th May 2007

Public Bill Committee Proceedings

Mental Health Bill [Lords]

[NINTH and TENTH Sittings]

Ms Rosie Winterton

Agreed to  69

Clause  30,  page  19,  line  4,  after ‘treatment’, insert ‘(neither of whom shall be the

responsible clinician or the approved clinician in charge of the treatment in question)’.

Ms Rosie Winterton

Agreed to  70

Clause  30,  page  19,  line  5,  leave out ‘nor the responsible clinician’.

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Withdrawn  9

Clause  30,  page  19,  line  29,  at end add—

‘58B
Treatment for patients under 18 requiring consent and a second opinion

(1)
Subject to section 62 below, a patient under eighteen years shall not be given

electroconvulsive therapy (whether or not he is liable to detention), unless a

registered medical practitioner appointed as aforesaid (not being the responsible

clinician) has certified in writing that—

(a)
the patient is capable of understanding the nature, purpose and likely

effects of that treatment, and has consented, and that having regard in

particular to the likelihood of its alleviating or preventing a deterioration

of his condition, the treatment should be given; or

(b)
the patient is incapable of understanding the nature, purpose and likely

effects of that treatment, and either—

(i)
a person who has parental authority for the patient understands

the nature, purpose and likely effects of that treatment and has

consented to the treatment and that having regard to the

likelihood of its alleviating or preventing a deterioration of his

condition, the treatment should be given; or

Public Bill Committee Proceedings: 10th May 2007
12

Mental Health Bill–[ [], continued

(ii)
the High Court has determined that having regard to the

likelihood of its alleviating or preventing a deterioration of his

condition, the treatment should be given;

(2)
For the purposes of treatment given under this section either the registered

medical practitioner responsible for the patient’s treatment or the registered

medical practitioner providing the second opinion shall be a clinician with

specialist training in child and adolescent mental health, defined in accordance

with regulations prescribed by the Secretary of State.’.

Clause, as amended, Agreed to.

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Not selected  71

Clause  31,  page  19,  line  36,  at end insert—

‘(c)
in subsection (1)(b) leave out “three months” and insert “28 days”.’.

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Withdrawn  10

Clause  31,  page  20,  line  1,  at end insert—

‘(c)
after subsection (3) insert—

“(4)
Subsection (1)(b), (c) and (d) above shall not apply if the

treatment is electro-convulsive therapy.’.

Clause Agreed to.

Tim Loughton

Sandra Gidley

Angela Browning

Dr John Pugh

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Withdrawn  63

Clause  32,  page  20,  line  14,  after second ‘patient’, insert ‘aged 16 or over’.

Public Bill Committee Proceedings: 10th May 2007
13

Mental Health Bill–[ [], continued

Ms Rosie Winterton

Agreed to  22

Clause  32,  page  20,  line  21,  leave out from beginning to ‘and’ in line 32.

Tim Loughton

Sandra Gidley

Angela Browning

Dr John Pugh

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Withdrawn  64

Clause  32,  page  20,  line  35,  at end insert—

‘(d)
the following persons have been consulted about the making of a

community treatment order—

(i)
the patient;

(ii)
any person with parental responsibility;

(iii)
any person who the responsible clinician believes will play a

substantial part in the care of the patient after he leaves hospital

but will not be professionally concerned with the after-care

services to be provided to him; and

(iv)
the nearest relative of the patient


and the responsible clinician has taken into account any views expressed

by the persons consulted,

(e)
in this section “parental responsibility” has the same meaning as in the

Children Act 1989 (c. 41).’.

Ms Rosie Winterton

Agreed to on division  23

Clause  32,  page  20,  line  40,  leave out from beginning to end of line 17 on page 21

and insert—

‘(b)
it is necessary for his health or safety or for the protection of

other persons that he should receive such treatment;

(c)
subject to his being liable to be recalled as mentioned in

paragraph (d) below, such treatment can be provided without his

continuing to be detained in a hospital;

(d)
it is necessary for his health or safety or for the protection of

other persons that he should be liable to be recalled to hospital

for medical treatment;’.

Tim Loughton

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

Andrew Rosindell

James Duddridge

Negatived on division  3

Clause  32,  page  21,  leave out line 46.

Public Bill Committee Proceedings: 10th May 2007
14

Mental Health Bill–[ [], continued

Tim Loughton

Angela Browning

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

James Duddridge

Not called  4

Clause  32,  page  22,  line  7,  at end insert—

‘(8)
A community patient or his nearest relative may make an application to the

Mental Health Review Tribunal to vary or suspend any or all of the conditions

imposed under section (3)(a), (b), (d) and (e) within the relevant period or if

substantial variations have been made by the responsible clinician under

subsection (4) above.

(9)
In subsection (8) above “the relevant period” means—

(a)
six months beginning with the day on which the community treatment

order is made; and

(b)
the period or periods for which the community treatment period is

extended by virtue of the report.

(10)
Where application is made to a Mental Health Review Tribunal by or in respect

of a community patient under subsection (8) above the tribunal—

(a)
may recommend that the responsible clinician consider whether to vary

or suspend any or all of the conditions imposed under sections (3)(a), (b),

(d) and (e) of the Mental Health Bill [Lords] 2007 (c. ); and

(b)
may further consider the patient’s case if the responsible clinician does

not make all or some of the changes recommended.

(11)
Nothing in this section restricts the power to make applications to tribunals under

section 66.’.

Tim Loughton

Angela Browning

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

James Duddridge

Not called  6

Clause  32,  page  22,  line  7,  at end insert—

‘17BA
Making of community treatment order

(1)
The responsible clinician shall not make a community treatment order unless—

(a)
the following persons have been consulted about the making of the order

under section 17A and the conditions to which the patient is subject

specified under 17B—

(i)
the patient;

(ii)
the nearest relative;

(iii)
any person with the authority to act on the patient’s behalf;

(iv)
one or more persons who have been professionally concerned

with the patient’s medical treatment in hospital;

Public Bill Committee Proceedings: 10th May 2007
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Mental Health Bill–[ [], continued

(v)
one or more persons who will be professionally concerned with

the treatment to be provided for the patient after he leaves

hospital; and

(vi)
any person who the responsible clinician believes will play a

substantial part in the care of the patient after he leaves hospital

but will not be professionally concerned with the medical

treatment to be so provided, and

(b)
the responsible medical officer has taken into account any views

expressed by the persons consulted under paragraph (a).

(2)
On making a community treatment order in respect of a patient the responsible

clinician shall—

(a)
inform the patient both orally and in writing; and

(b)
inform any person who has been consulted under paragraph (a)(ii) and

(iv) of subsection (1) above;


of the matters specified in subsection (3) below.

(3)
The matters referred to in subsection (2) above are—

(a)
that the order is being made;

(b)
the after-care services to be provided under section 117 below; and

(c)
any requirements to be imposed upon him under section 17B above.’.

Ms Rosie Winterton

Agreed to  24

Clause  32,  page  23,  line  28,  leave out from beginning to ‘the’ and insert ‘in his

opinion,’.

Ms Rosie Winterton

Agreed to  25

Clause  32,  page  23,  line  34,  leave out subsection (5).

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Withdrawn  2

Clause  32,  page  24,  line  42,  at end insert ‘for a maximum of three years in total’.

Ms Rosie Winterton

Agreed to  26

Clause  32,  page  25,  line  3,  after ‘satisfied’, insert ‘and if a statement under

subsection (7A) below is made’.

Ms Rosie Winterton

Agreed to  27

Clause  32,  page  25,  line  4,  leave out from ‘report’ to end of line 5 and insert ‘to that

effect in the prescribed form’.

Ms Rosie Winterton

Agreed to  28

Clause  32,  page  25,  line  6,  leave out subsection (5).

Public Bill Committee Proceedings: 10th May 2007
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Mental Health Bill–[ [], continued

Ms Rosie Winterton

Agreed to  29

Clause  32,  page  25,  leave out lines 24 to 43 and insert—

‘(b)
it is necessary for his health or safety or for the protection of

other persons that he should receive such treatment;

(c)
subject to his continuing to be liable to be recalled as mentioned

in paragraph (d) below, such treatment can be provided without

his being detained in a hospital;

(d)
it is necessary for his health or safety or for the protection of

other persons that he should continue to be liable to be recalled

to hospital for medical treatment;’.

Ms Rosie Winterton

Agreed to  30

Clause  32,  page  25,  line  45,  at end insert—

‘(7A)
The statement referred to in subsection (4) above is a statement in writing

by an approved mental health professional—

(a)
that it appears to him that the conditions set out in subsection (7)

above are satisfied; and

(b)
that it is appropriate to extend the community treatment period.’.

Clause, as amended, Agreed to on division.

Tim Loughton

Angela Browning

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

James Duddridge

Not called  5

Schedule  3,  page  63,  line  27,  at end insert—

‘(d)
Where application is made to the tribunal by or in respect of a

community patient and the tribunal does not direct that the patient be

discharged, the tribunal—

(i)
may recommend that the responsible clinician consider

whether to vary or suspend any or all of the conditions

imposed under section (3)(a), (b), (d) and (e); and

(ii)
may further consider the patient’s case if the responsible

clinician does not make all or some of the changes

recommended.’.

Schedule Agreed to.

Schedule 4 Agreed to.

Clause 33 Agreed to.

[Adjourned till Tuesday 15th May at 10.30 a.m.