Clause 4
Mental Health Bill [Lords]
9:25 am
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
I absolutely agree. That is why we have set out the clear conditions for detaining someone that are in the legislation. It is exactly why we have two doctors, a mental health review tribunal and—and this is the crucial point—why the legislation is based on whether the person is a risk to themselves or to others. Those conditions form the basis of why we decide to take such a dramatic step for an individual. It is right that we protect people in those circumstances. As I have said, the clause goes beyond all the protections that we have at the moment and puts in place another test before somebody can be detained. We think that that test has no place in the Bill because it fundamentally changes the nature of the legislation. The reason for that is that patients’ needs and the risks posed by their mental disorders would no longer be what primarily determined intervention under the legislation. Instead, the patient’s decision-making ability would take priority in all cases except those of mentally disordered offenders. Opposition Members need to be absolutely clear that if the patient’s decision making were not impaired, the legislation would not be able to be used however much the patient would be at risk as a result.