Clause 24
Mental Health Bill [Lords]
10:45 am

Photo of David Kidney

David Kidney (PPS (Rt Hon David Miliband, Secretary of State), Department for Environment, Food and Rural Affairs; Stafford, Labour)

I welcome you back, Mr. Cook, after the short break.

May I ask the hon. Member for East Worthing and Shoreham a question about emergency situations? In the clause as it stands, the phrase “except in an emergency” appears in new sections 142C and 142D, which is reassuring, but it does not appear in new section 142B. I should like the hon. Gentleman to explain why he feels that emergency situations would be covered if the words did not appear in the provision. In the amendment, which would replace new section 142D with a new set of words, the words “except in an emergency” disappear. It refers back to new section 142B, which, as I said, does not contain a caveat about emergencies. Are we making the legislation stricter rather than more flexible with regard to emergencies?

Let me explain why that point matters. In my preparations for dealing with the Bill, I saw two sets of psychiatrists in two places in my constituency. On both occasions, the experienced psychiatrists said that they were sure that in their careers, they had saved the lives of youngsters by admitting them to an adult ward because a children’s or young persons’ ward was not available. They were sure that those youngsters would have committed suicide had they not admitted them. In making well intentioned legislation, I should not like us accidentally to overlook the opportunity to save some lives.

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