House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

17

House of Commons

Tuesday 15th May 2007

Public Bill Committee Proceedings

Mental Health Bill [Lords]

[eleventh and twelfth Sittings]

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

Not selected  14

Page  26,  line  31,  leave out Clause 34.

Clause Agreed to.

Tim Loughton

Sandra Gidley

Angela Browning

Dr John Pugh

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Not called  65

Clause  35,  page  31,  line  25,  at end insert—

‘(6)
The fifth condition is that the treatment does not conflict with a decision made by

a person with parental responsibility for the patient.

(7)
In this section “parental responsibility” has the same meaning as in the Children

Act 1989 (c. 41).’.

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

Not selected  13

Page  28,  line  10,  leave out Clause 35.

Public Bill Committee Proceedings: 15th May 2007
18

Mental Health Bill–[ [], continued

Clause Agreed to.

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Withdrawn  58

Clause  36,  page  35,  line  35,  leave out ‘16’ and insert ‘18’.

Clause Agreed to.

Clauses 37 and 38 Agreed to.

Schedule 5 Agreed to.

Clauses 39 to 42 Agreed to.

Tim Loughton

Angela Browning

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

Withdrawn  7

Clause  43,  page  41,  line  6,  at end add—

‘(4)
In Section 135(6) for the words from “means” to the end of that subsection

substitute—

“(a)

(i)
residential accommodation provided by a local social

services authority under Part III of the National

Assistance Act 1948 (c.29),

(ii)
a hospital as defined by this Act,

(iii)
an independent hospital or care home for mentally

disordered persons,

(iv)
any other suitable place the occupier of which is willing

temporarily to receive the patient or, if, in the

circumstances of the case it is impracticable to use any

of these places,

(b)
a police station.”.

(5)
In Section 136 (Mentally disordered persons found in public places) of the 1983

Act after subsection (2) insert—

“(3)
Where a police station is used as the place of safety the person may not

be detained there for a period longer than 24 hours.”.’.

Clause Agreed to.

Public Bill Committee Proceedings: 15th May 2007
19

Mental Health Bill–[ [], continued

Clauses 44 to 46 Agreed to.

Ms Rosie Winterton

Agreed to  47

Clause  47,  page  44,  line  19,  after ‘paragraph’, insert ‘42(2)(b),’.

Clause, as amended, Agreed to.

Angela Browning

Tim Loughton

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

Withdrawn  11

Schedule  6,  page  79,  line  9,  at end insert—

‘(3)
Where the managing authority deprives P of his liberty by detaining him as

mentioned in paragraph 1(2), the appropriate NHS body or local authority which

has authorised the detention shall make arrangements for the provision of the

accommodation with care or treatment, and it shall be free of charge.’.

Ms Rosie Winterton

Agreed to  48

Schedule  6,  page  88,  line  1,  leave out sub-paragraphs (2) and (3) and insert—

    ‘(2)
The maximum authorisation period is the shorter of these periods—

(a)
the period which, in the assessor’s opinion, would be the appropriate

maximum period for the relevant person to be a detained resident

under the standard authorisation that has been requested;

(b)
1 year, or such shorter period as may be prescribed in regulations.

      (3)
Regulations under sub-paragraph (2)(b)—

(a)
need not provide for a shorter period to apply in relation to all standard

authorisations;

(b)
may provide for different periods to apply in relation to different kinds

of standard authorisations.

      (4)
Before making regulations under sub-paragraph (2)(b) the Secretary of State

must consult all of the following—

(a)
each body required by regulations under paragraph 161 to monitor and

report on the operation of this Schedule in relation to England;

(b)
such other persons as the Secretary of State considers it appropriate to

consult.

      (5)
Before making regulations under sub-paragraph (2)(b) the National Assembly

for Wales must consult all of the following—

(a)
each person or body directed under paragraph 162(2) to carry out any

function of the Assembly of monitoring and reporting on the operation

of this Schedule in relation to Wales;

Public Bill Committee Proceedings: 15th May 2007
20

Mental Health Bill–[ [], continued

(b)
such other persons as the Assembly considers it appropriate to

consult.’.

Angela Browning

Tim Loughton

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Withdrawn  72

Schedule  6,  page  88,  line  23,  at end insert—

‘( )
The relevant person, when they are consulted by the best interests assessor under

paragraph 4(7) of the Mental Capacity Act 2005, has the right to the support of

an appointed Independent Mental Capacity Advocate during the assessment

process.’.

Ms Rosie Winterton

Agreed to  49

Schedule  6,  page  91,  line  31,  leave out from ‘right’ to end of line 32 and insert ‘to

make an application to the court to exercise its jurisdiction under section 21A;’.

Ms Rosie Winterton

Agreed to  50

Schedule  6,  page  94,  line  32,  at end insert—

‘(aa)
the person to whom the request relates;’.

Ms Rosie Winterton

Agreed to  51

Schedule  6,  page  97,  line  34,  leave out from ‘right’ to end of line 35 and insert ‘to

make an application to the court to exercise its jurisdiction under section 21A.’.

Ms Rosie Winterton

Agreed to  52

Schedule  6,  page  116,  line  33,  after ‘court’, insert ‘to exercise its jurisdiction’.

Angela Browning

Tim Loughton

Dr John Pugh

Mr Tim Boswell

Sandra Gidley

Mr Charles Walker

Withdrawn  12

Schedule  6,  page  116,  line  34,  at end insert—

‘Part 11A

‘serious medical treatment

Provision of second medical opinions

161(1)
This paragraph applies to a person (P) who is deprived of liberty in accordance

with this schedule if an NHS body is proposing to provide, or secure the

provision of, serious medical treatment within section 37(6) to him.

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

      (2)
P shall not be given the treatment unless a registered medical practitioner

(other than the medical practitioner in charge of the care of the patient) has

certified in writing that the patient is not capable of understanding the nature,

purpose and likely effects of that treatment but that it is in the best interests of

the patient in accordance with this Act that the treatment be given.

      (3)
Before giving a certificate under sub-paragraph (b) the registered medical

practitioner concerned shall consult two other persons who have been

professionally concerned with the patient’s medical treatment, and of those

persons one shall be a nurse and the other shall be neither a nurse nor a

registered medical practitioner.’.

Schedule, as amended, Agreed to.

Schedule 7 Agreed to.

Ms Rosie Winterton

Agreed to  53

Schedule  8,  page  132,  line  31,  after ‘paragraph’, insert ‘42(2)(b),’.

Schedule, as amended, Agreed to.

Clauses 48 to 50 Agreed to.

Schedule 9 Agreed to.

Clauses 51 and 52 Agreed to.

Ms Rosie Winterton

Agreed to  34

Schedule  10,  page  138,  line  29,  column 2, at end insert—

‘Sections 25A to 25J.’.

Ms Rosie Winterton

Agreed to  35

Schedule  10,  page  138,  line  31,  column 2, at end insert—

‘In section 32(2)(c), the words “or to after-care under

supervision”.

In section 34—

(a)
in subsection (1), the definitions of “the

community responsible medical officer” and

“the supervisor”, and

(b)
subsection (1A).

In section 66(1)—

(a)
paragraphs (ga), (gb) and (gc) (and the word

“or” at the end of each of those paragraphs),

and

(b)
in sub-paragraph (i), the words from “or, in

the cases” to the end.

In section 66(2)—

(a)
in paragraph (d), the words “and (gb)”, and

(b)
paragraph (fa).

In section 67(1), the words “or to after-care under

supervision”.’.

Public Bill Committee Proceedings: 15th May 2007
22

Mental Health Bill–[ [], continued

Ms Rosie Winterton

Agreed to  36

Schedule  10,  page  138,  line  32,  column 2, at end insert—

‘Section 72(4A).

In section 76(1), the words from “or to after-care” to

“leaves hospital)”.

Section 117(2A).

Section 127(2A).

In section 145—

(a)
in subsection (1), the definitions of “the

responsible after-care bodies” and

“supervision application”, and

(b)
subsection (1A).’.

Ms Rosie Winterton

Agreed to  37

Schedule  10,  page  138,  line  34,  column 2, at end insert—

‘In Part 1 of Schedule 1—

(a)
in paragraph 2, the words “, 25A, 25B”, and

(b)
paragraph 8A.’.

Ms Rosie Winterton

Agreed to  38

Schedule  10,  page  138,  line  34,  at end insert—

‘Mental Health (Patients in the
Section 1(1).

Community) Act 1995 (c. 52)
In Schedule 1—

(a)
in paragraph 2, paragraph (c) (and the word

“and” immediately preceding it),

(b)
in paragraph 11, paragraph (a) (and the word

“and” at the end of that paragraph), and

(c)
paragraphs 3, 4, 6, 7, 8(2), 10(1) to (3), 12,

13, 18 and 20.’.

Ms Rosie Winterton

Agreed to  39

Schedule  10,  page  138,  line  36,  at end insert—

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

‘National Health Service Reform
In Schedule 2, paragraphs 43 to 45.

and Health Care Professions Act

2002 (c. 17)

Civil Partnership Act 2004 (c. 33)
In Schedule 27, in paragraph 86, paragraph (b) (and

the word “and” immediately preceding it).’.

Schedule, as amended, Agreed to.

Ms Rosie Winterton

Agreed to  31

Clause  53,  page  45,  line  38,  leave out ‘54 and’ and insert ‘[Commencement of

section [Repeal of provisions for after-care under supervision]] to’.

Ms Rosie Winterton

Agreed to  32

Clause  53,  page  46,  line  10,  after ‘(4)(b)’, insert ‘(including provision within

section [Commencement of section [Repeal of provisions for after-care under

supervision]])’.

Clause, as amended, Agreed to.

Clause 54 Agreed to.

Ms Rosie Winterton

Agreed to  33

Clause  55,  page  46,  line  22,  leave out subsection (2).

Clause, as amended, Agreed to.

new clauses

Repeal of provisions for after-care under supervision

Ms Rosie Winterton

Added  NC12

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
Sections 25A to 25J (after-care under supervision) are omitted.

(3)
In section 66 (applications to tribunals), in subsection (2)(c), for “cases

mentioned in paragraphs (c) and (ga)” substitute “case mentioned in paragraph

(c)”.