Clause 14
Mental Health Bill [Lords]
10:30 am
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
I certainly hope that there would not be professional brow beating in those circumstances. As I have said, the amendments are largely technical and aim to preserve the independence of the second opinion appointed doctor. Perhaps it will help if I clarify the fact that the legislation has never required an approved clinician to be in charge of section 57 treatments. To answer the hon. Gentleman’s question, those treatments can be given only with the patient’s consent. It is the patient’s consent that gives the authority to deliver the treatment, and not the powers of the Mental Health Act 1983. Therefore, we think that it is unnecessary for the treatment to be in the charge of a clinician approved to apply the Act. I hope that that answers the hon. Gentleman’s question.