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Barbara Keeley (Worsley) (Lab): To return to establishing the authority and independence of President Abbass new Government, the independent Prime Minister in the west bank and the independence of the Cabinet are in a difficult and possibly dangerous position. Will the Minister tell us what more, if anything, can be done by the UK or the international community to bolster and help establish the authority of that new independent force? Perhaps that could be done through more aid, as aid already seems to have bolstered it.
Dr. Howells: The international communitys expressions of support for President Abbas and his new Government have been great. The Hamas coup détat has come as a shock to everyone, and they want to be sure that Hamas does not have the opportunity to try to repeat its military action in the west bank. I very much hope that everybody understands the need to get behind the Palestinian Authority and ensure that the new Government have the wherewithal to start giving people in the west bank some hope of a decent and viable future.
Mr. Quentin Davies (Grantham and Stamford) (Con): This whole incident of the past week has been one more disaster for the long-suffering Palestinian people. I hope that, at least in the west bank, they can now enjoy some amelioration in their position. Will the Minister find a way of getting two messages through to the Hamas regime in Gaza? One is that there is no substitute for accepting the Quartets three conditions, because that essentially amounts to accepting reality. The second is that we simply cannot accept a situation in which it goes on spending enormous sums of money on arms while expecting the whole international community to provide its people with food and medical and other essential services.
Dr. Howells: Those are two very blunt messages, but I think that they are pertinent ones, and there will be no backing off on the Quartets three principles by this Government. All too often, the huge amounts of aid money going into such areas somehow end up in the arms bazaar, and we have to make that point clear, too.
Mr. Lee Scott (Ilford, North) (Con): Does the Minister agree that although we hope and pray for the release of Alan Johnston, we do not forget that it is coming up to the anniversary of Corporal Shalits being taken hostage? We do not forget other hostages who have been taken by Hezbollah, and we call for the release of all of them. Hamas should take note if it does not want everyone to believe what it has now made clearnamely that it is, and always has been, a terrorist organisation, not a political party.
Dr. Howells: Yes, I agree. We should not forget that many of the present and most immediate problems go back to the crisis that was caused by the kidnapping that the hon. Gentleman mentioned, and the kidnapping of two soldiers on the Lebanese border.
Bob Spink (Castle Point) (Con):
What further action can the British Government take to encourage the United States, first, openly to fund the President and
the Palestinians, and secondly to put pressure on Israel to release tax moneys and tackle the roadblock situation? Those are prerequisites to peace.
Dr. Howells: The United States is already the biggest funder of aid to the Palestinians. Perhaps it is not quite as big a funder as the combined EU, but it almost certainly provides the most aid of any individual state. Just a few nights ago, my right hon. Friend the Foreign Secretary spoke to Secretary Rice and urged her to accept that the United States must now get behind President Abbas unequivocally and give him the support that he requires. I am confident that that has been taken very seriously, and it will be interesting to hear what the United States says during the Security Council debate on Wednesday.
Alistair Burt (North-East Bedfordshire) (Con): Although the one glimmer of light in this dreadful situation is the opportunity to create a new relationship between the Palestinian Authority, Israel and the Quartet countries, the Minister is surely right to warn Fatah against a repetition of the corruption that did it so much damage in Gaza in the past. Will he take the chance, too, to warn it against other activities such as the ill-judged adventure just 10 days ago by its military wing, which sought to seize another Israeli soldier in Gaza, this time by using the mechanism of a vehicle that had been decorated with TV insigniaan action condemned by the Palestinian journalists union? Will he tell Fatah that it is time for those adventures to come to an unequivocal end?
Dr. Howells:
Yes. The hon. Gentleman makes a very important point. Now is the moment not only for the
international community to come in behind President Abbas but for President Abbas to start making strong, serious and sometimes difficult decisions. That means that he must get hold of those factions within Fatah and ensure that they are not allowed to act in that renegade way, which risks, once again, escalating an already difficult situation.
Mr. Crispin Blunt (Reigate) (Con): How can the Minister reconcile his statement that the events of last week came as a shock to everyone with the statement by the United Nations representative Jan Egeland that the events of last week were both predicted and predictable?
Dr. Howells: I heard that statement, but I think that Jan Egeland talked very generally. The coup détat, as I have called it, took everyone by surprise in its totality. Hamas has seized power, it has murdered its opponents in the most brutal fashion, and it has celebrated being entirely in control of Gaza. That is a traitorous act to the cause of the Palestinian people, and it will not benefit the notion of a viable Palestinian state. With hindsight, we can all say, Yes, there were signs that it might happen, and there were elements and developments pointed in that direction. However, I doubt if anyoneand the hon. Gentleman knows a great deal about the area and takes enormous interest in itreally believed that there was going to be a coup détat that was as total in its effect as the one that we have seen in the past few days.
Ms Sally Keeble (Northampton, North) (Lab): On a point of order, Mr. Speaker. I am grateful for the opportunity to raise the fact that, on 6 June in the House, I asked my right hon. Friend the Leader of the House whether we could have a ministerial statement if the Government changed the rules for restraining young people in secure training centres. He was very helpful but, last week, the Government introduced a statutory instrument that proposed wide-ranging changes without making a statement. Is it sensible, Mr. Speaker, or in order for the Ministry of Justice to make wide-ranging proposals that affect many individuals on the rules for restraining young people in secure training centres without making a statement when one was clearly requested in the House?
The Deputy Leader of the House of Commons (Paddy Tipping): Further to that point of order, Mr. Speaker. You will recall that my right hon. Friend the Leader of the House gave an undertaking that he would raise the matter with colleagues in the Ministry of Justice. He, in fact, did so, and he is concerned about the situation described by my hon. Friend the Member for Northampton, North (Ms Keeble). He intends to pursue the matter further with colleagues in the Ministry of Justice.
Mr. Speaker: I am glad that the Leader of the House will pursue the matter on behalf of the hon. Member for Northampton, North (Ms Keeble). Ministers should be aware that Back Benchers have constituencies to look after, and raise serious matters on the Floor of the House as part of the democratic system. Ministers should take due heed of requests from hon. Members, and I certainly hope that a statement is made, at least belatedly, that will assist the hon. Lady. Ministers should take on board the fact that it is not good practice to leave hon. Members in a situation in which they do not receive statements from Ministers. After all, they have big Departments and plenty of people around them who can assist them in making statements in the House.
Mr. Speaker: I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:
International Tribunals (Sierra Leone) Act 2007
Digital Switchover (Disclosure of Information) Act 2007
The Minister of State, Department of Health (Ms Rosie Winterton): I beg to move,
That the Order of 16th April 2007 (Mental Health Bill [ Lords] (Programme)) be varied as follows
That the Order of 16th April 2007 (Mental Health Bill [ Lords] (Programme)) be varied as follows
1. Paragraphs 4 and 5 of the Order shall be omitted.
2. Proceedings on consideration and Third Reading shall be concluded in two days.
3. Proceedings on consideration shall be taken on each of those days as shown in the following Table and in the order so shown.
4. Each part of the proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in relation to it in the second column of the Table.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at 10.00 p.m. on the second day.
Tim Loughton (East Worthing and Shoreham) (Con):
I do not propose to press the programme motion to a Division because the Government have
given two full days on Report, which is exceedingly helpful. There are many new amendments, and many new subjects are being raised so, rather than detain the House on a programme motion, I suggest that we begin the debate and allow hon. Members the chance of discussing these important matters.
As amended in the Public Bill Committee, considered.
(1) Part 10 of the 1983 Act (miscellaneous and supplementary) is amended as follows.
(2) Before section 131 insert
130A Independent mental health advocates
(1) The appropriate national authority shall make such arrangements as it considers reasonable to enable persons (independent mental health advocates) to be available to help qualifying patients.
(2) The appropriate national authority may by regulations make provision as to the appointment of persons as independent mental health advocates.
(3) The regulations may, in particular, provide
(a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;
(b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.
(4) In making arrangements under this section, the appropriate national authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patients medical treatment.
(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patients medical treatment merely because he is representing him in accordance with arrangements
(a) under section 35 of the Mental Capacity Act 2005; or
(b) of a description specified in regulations under this section.
(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(7) Regulations under this section
(a) may make different provision for different cases;
(b) may make provision which applies subject to specified exceptions;
(c) may include transitional, consequential, incidental or supplemental provision.
130B Arrangements under section 130A
(1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding
(a) the provisions of this Act by virtue of which he is a qualifying patient;
(b) any conditions or restrictions to which he is subject by virtue of this Act;
(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;
(d) why it is given, proposed or discussed;
(e) the authority under which it is, or would be, given; and
(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.
(2) The help available under the arrangements to a qualifying patient shall also include
(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and
(b) help (by way of representation or otherwise) in exercising those rights.
(3) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate may
(a) visit and interview the patient in private;
(b) visit and interview any person who is professionally concerned with his medical treatment;
(c) require the production of and inspect any records relating to his detention or treatment in any hospital or registered establishment or to any after-care services provided for him under section 117 above;
(d) require the production of and inspect any records of, or held by, a local social services authority which relate to him.
(4) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (3)(c) or (d) above unless
(a) in a case where the patient has capacity or is competent to consent, he does consent; or
(b) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130A above, considers that
(i) the records may be relevant to the help to be provided by the advocate; and
(ii) the production or inspection is appropriate.
(5) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient
(a) the person (if any) appearing to the advocate to be the patients nearest relative;
(b) the responsible clinician for the purposes of this Act;
(c) an approved mental health professional.
(6) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;
(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;
(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.
130C Section 130A: supplemental
(1) This section applies for the purposes of section 130A above.
(2) A patient is a qualifying patient if he is
(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below);
(b) subject to guardianship under this Act; or
(3) A patient is also a qualifying patient if
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