Clause 2
Mental Health Bill [Lords]
4:30 pm
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
My hon. Friend makes a good point. However, as I explained earlier, the reason we have kept in clause 2, on learning disability, is that there has been a historic attachment to saying that learning disability should be included in the Bill in this way, and I am afraid that there is no getting away from that. We took the clause out of the 2004 draft Bill, but there was heavy pressure to reinsert it, not least from the pre-legislative scrutiny Committee. In view of the points that were made, and the fact that hon. and right hon. Members and peers felt that we needed to be responsive to them, we said that we would agree with the pre-legislative scrutiny Committee on learning disability, because that meant that when we were considering amending the Mental Health Act 1983, we would be able to leave it as it was originally.
However, my point today is that to go further than that would, I am afraid, cause the difficulties that we have discussed, not only by creating the potential for uncertainty and the possibility of people not receiving the treatment that they need, but over and above that, because people suffering from hyperactivity or obsessive compulsive disorder could make a very reasonable case for doing exactly the same thing.
That is why I am afraid we cannot agree to the amendment. I understand completely the sentiments of the hon. Member for Tiverton and Honiton and I know that she feels extremely strongly about the issue. However, at the same time as saying that we do not believe that the amendment is the right approach for this particular Bill, we want to ensure that we take on board all the issues that she raised regarding early diagnosis, and proper care and treatment. Nevertheless, I am afraid that I must urge the Committee to reject the amendment.