Clause 1
Mental Health Bill [Lords]
11:00 am
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
The hon. Gentleman is right. There are certain guidelines and international classifications of mental disorder, but essentially he is right that there is clinical discretion. It cannot be said that something that is not in any classification is not a mental disorder.
Likewise, to expand on some points about those small numbers who may not be covered, there may also be certain types of personality disorder that would not legally be mental illness but do not meet the current definition of psychopathic disorder, as they do not result in seriously irresponsible or abnormally aggressive conduct. Even so, to go back to the cases that the hon. Gentleman has raised, such a disorder could cause the person concerned great suffering—serious enough to make serious self-harm or suicide a real possibility. Therefore, in practice, I suspect the reality is that people are found ways of getting that treatment. I am sure that there are some people who would say, “Well, somebody can be put under that category”. However, given that we are trying to improve and to modernise our legislation, it is important to take this opportunity of having real clarity here.