New Clause 3
Mental Health Bill [Lords]
5:45 pm
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
As I am sure the hon. Lady knows, the new clause was debated at length in the other place, and I am afraid that I wish to reiterate a number of the points that were made there. There are existing duties, such as those in the National Health Service Act 2006 on the Secretary of State and in the National Health Service (Wales) Act 2006 on Welsh Ministers, to secure improvement in the physical and mental health of people in the prevention, diagnosis and treatment of illness. There are also duties that provide for joint assessments between providers of health and community care services.
We believe strongly that the new clause would impose an additional duty in relation to mental health services that is not replicated for other patient groups such as cancer sufferers. Unfortunately, it would skew the priorities of the NHS in favour of one service at the expense of others. I am sure that were we to say that there should be specific assessments for mental health services, we would quickly find that other groups of patients such as those with coronary heart disease felt that they had been discriminated against.
However, if somebody requires an assessment to be detained under the 1983 Act, the assessment happens. That is the difference; because those circumstances involve detention, an assessment is required. The new clause suggests that there should be an assessment on every single occasion. I tell the hon. Member for Romsey that it will be up to clinicians to decide what further action should be taken if somebody presents with a particular problem, as they would with any other condition.