House of Commons Public Bill Committee Proceedings

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Session 2006 - 07
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411

House of Commons

Tuesday 19th June 2007

Report Stage Proceedings

Mental Health Bill [Lords], As Amended

[SECOND DAY]

Amendments relating to clause 7

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Agreed to  1

Page  4,  line  16  [Clause  7],  leave out ‘In section 145(1) of the 1983 Act

(interpretation)’ and insert—

‘(1)
Section 145 of the 1983 Act (interpretation) is amended as follows.

(2)
In subsection (1)’.

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Agreed to  2

Page  4,  line  18  [Clause  7],  after ‘care’ insert ‘(but see also subsection (4) below)’.

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Agreed to  3

Page  4,  line  18  [Clause  7],  at end insert—

‘(3)
After subsection (3) insert—

“(4)
Any reference in this Act to medical treatment, in relation to mental

disorder, shall be construed as a reference to medical treatment the

Report Stage Proceedings: 19th June 2007
412

Mental Health Bill–[Lords], continued

purpose of which is to alleviate, or prevent a worsening of, the disorder

or one or more of its symptoms or manifestations.”.’.

New Clauses and amendments relating to impaired decision-making

Impaired decision making

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Negatived on division  NC12

To move the following Clause:—

‘( )
The 1983 Act is amended as follows.

( )
In section 3 (admission for treatment) after subsection 2(a) insert—

“(aa)
that because of his mental disorder, his ability to make decisions about

the provision of medical treatment is significantly impaired.”.’.

Amendments relating to clause 3; new clauses and new amendments

relating to places of safety; remaining proceedings on consideration

Assessment of needs for community care services

David Taylor

Lynne Jones

Not selected  NC1

To move the following Clause:—

‘After section 1 of the 1983 Act insert—

“Part 1A

Assessment of needs for community care services

1A
Assessment of needs for community care services

(1)
Where—

(a)
it appears to an approved mental health professional that any

person with a mental disorder within the meaning of this Act

should be assessed under section 47 of the National Health

Service and Community Care Act 1990 (c 19); and

(b)
that professional notifies the local authority that the patient may

be in need of community care services,

Report Stage Proceedings: 19th June 2007
413

Mental Health Bill–[Lords], continued


the patient shall for the purposes of that section be deemed to appear to

the local authority to be a person who may be in need of any such

services.

(2)
Where—

(a)

(i)
a local authority receives a request in writing for the

needs of a person to be assessed under section 47 of the

National Health Service and Community Care Act 1990;

or

(ii)
a health authority receives a request in writing for the

needs of a person for services which are provided by the

health authority in respect of mentally disordered

persons to be assessed; and

(b)
any of the circumstances mentioned in paragraphs (a) to (c) of

subsection (3) below apply,


the local authority or, as may be the case, the health authority shall

comply with the requirement in subsection (4) below.

(3)
The circumstances referred to in subsection (2)(b) are—

(a)
that the request bears—

(i)
to be made by a mentally disordered person; and

(ii)
to be a request for the needs of that person to be

assessed;

(b)
that the request bears—

(i)
to be made by the primary carer, or nearest relative, of a

mentally disordered person; and

(ii)
to be a request for the needs of the mentally disordered

person to be assessed;

(c)
though the request does not bear to be made as mentioned in

paragraph (a) or (b) above, it appears to the local authority or, as

the case may be, the health authority that the request—

(i)
is a request for the needs of the mentally disordered

person to be assessed; and

(ii)
is made by that person, or by that person’s carer or

nearest relative.

(4)
The requirement referred to in subsection (2) above is to give notice,

before the expiry of the period of 14 days beginning with the day on

which the request is received, to the person who made the request—

(a)
of whether—

(i)
the local authority intends or

(ii)
the health authority intends,


to undertake the assessment; and

(b)
if the intention is not to undertake the assessment, of the reason

why that is the case.”.’.

Report Stage Proceedings: 19th June 2007
414

Mental Health Bill–[Lords], continued

Warrant to search for and remove patients

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Withdrawn  NC11

To move the following Clause:—

‘(1)
Section 135 of the 1983 Act is amended as follows.

(2)
In subsection 1(a) leave out “for neglected or kept otherwise than under proper

control” and substitute “and neglected”.

(3)
After subsection 1(b) insert “or (c) may be in need of treatment or care for his

mental disorder and is living in any such place, and, access to that place is

necessary for the purpose of establishing whether or not he is in need of treatment

or care, and it has not been possible to gain such access without a warrant.”.’.

Membership of Mental Health Review Tribunals

Sandra Gidley

Not selected  NC16

To move the following Clause:—

‘In Section 78 of the 1983 Act after subsection (9) insert—

“(10)
The Lord Chancellor must provide for the membership of Mental Health

Review Tribunals to include the following groups—

(a)
people from diverse cultural communities;

(b)
service users; and

(c)
carers.”.’.

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Negatived on division  91

Page  2,  line  24  [Clause  3],  leave out from ‘Act)’ to end of line 26 and insert ‘after

subsection (2B) insert—

“(2)
Nothing in this section shall be construed to cover paedophilia.

(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 the

following—

(a)
his substance misuse (including dependence upon, or use of, alcohol or

drugs);

Report Stage Proceedings: 19th June 2007
415

Mental Health Bill–[Lords], continued

(b)
his sexual preference or gender identity;

(c)
his commission, or likely commission, of illegal or disorderly acts;

(d)
his cultural, religious or political beliefs.”.’.

Mr Andrew Dismore

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Not called  69

Page  2  [Clause  3],  leave out lines 25 and 26 and insert—

‘(3)
A person shall not be considered to be suffering from a mental disorder for the

purposes of this Act solely on the grounds of—

(a)
his substance misuse (including dependence on alcohol or drugs);

(b)
his sexual orientation or gender reassignment;

(c)
his commission or likely commission of illegal or disorderly acts; or

(d)
his cultural, religious or political beliefs.’.

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

Not called  88

Page  39,  line  20  [Clause  41],  at end insert—

‘(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.”’.

Report Stage Proceedings: 19th June 2007
416

Mental Health Bill–[Lords], continued

Ms Secretary Hewitt

Agreed to  50

Page  44,  line  14  [Clause  51],  leave out ‘or different areas’ and insert ‘(including

different provision for different areas and different provision for different descriptions of

patient)’.

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Not selected  5

Page  48,  line  44  [Schedule  1],  leave out sub-paragraphs (2) to (4) and insert—

‘(2)
For subsections (1) to (6) substitute—

“(2)
Where a member of the House of Commons is authorised to be detained

under a relevant enactment on the ground (however formulated) that he

is suffering from mental illness mental disorder, it shall be the duty of the

person in charge of the hospital or other place in which the member is

authorised to be detained, to notify the Speaker of the House of

Commons that the detention has been authorised.

(3)
Where the member

(a)
remains a member of the House of Commons, and

(b)
remains liable to detention under the powers of this Act


after six months have expired from the receipt of a notification under

subsection (2) above, the Speaker must determine the extent to which the

circumstances of the member’s liability to detention under this Act is

likely to affect his ability to attend the House.

(4)
In making a determination under subsection (3) above the Speaker must

consult an approved mental health professional and an approved

clinician.

(5)
If the Speaker determines that the circumstances of the member’s

liability to detention under this Act is likely to affect to a significant

extent his ability to attend the House, the Speaker must forthwith lay

before the House a report to that effect.

(6)
As soon as a report under subsection (5) in respect of a member is laid

before the House, the member’s seat becomes vacant.”.’.

Bill read the third time, and passed on division, with Amendments.