Clause 29
Mental Health Bill [Lords]
4:45 pm
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
As you said, Lady Winterton, this debate is fairly wide ranging, and it includes clause stand part. Hon. Members have tabled new clauses that would provide for statutory independent mental health advocacy and a duty to inform patients of their right to it. Further new clauses would change the way in which a patient’s nearest relative is identified. New clauses 15 and 20 relate also to the nearest relative. New clause 15 would provide for an advanced decision and a written statement in which a patient can chose his nearest relative. New clause 20 provides that any patient capable of doing so could nominate a person to be their nearest relative. That named person would be on the existing list of relatives provided for in section 26(1) of the 1983 Act or defined as a carer under the Carers and Disabled Children Act 2000. I shall provide some background to the debate about the nearest relative.