Clause 48
Health and Social Care Bill
3:00 pm
Stephen O'Brien (Shadow Minister, Health; Eddisbury, Conservative)
I beg to move amendment No. 166, in clause 48, page 24, line 18, at end insert—
‘(j) Section 121(5) (visiting and inspection of records),
(k) Section 121 (7) (review decision to withhold post),
(l) Section 121 (8) (review decision to withhold any part of post).’.
The amendment would ensure that the Care Quality Commission retains the same powers as the Mental Health Act Commission in respect of visiting and inspecting records, and reviewing decisions to withhold post. The Minister stated that
“visiting powers are retained in the Bill as far as the existing visiting powers of MHAC are concerned”
as the changes to section 120 do not excise the responsibility for visiting. He also stated that
“we envisage that, in areas of particular concern to MHAC, visits would continue with their current regularity.”——[Official Report, Health and Social Care Public Bill Committee, 10 January 2008; c. 123.]
The qualifying statement
“in areas of particular concern”
is of particular concern to me. Unless the Minister can give us a cast-iron guarantee that visits will be reduced only because of the CQC’s judgment of its responsibilities to those detained under Mental Health Act 1983, and never because of simple financial constraints, there will remain a genuine concern for all members of the Committee. As was transparent in the oral evidence sessions, there is a major need for us to respect the enormous benefit of the work of the Mental Health Act Commission, particularly with those who are detained. That came through loud and clear. We must ensure that there is no change and that its judgment carries through to the CQC instead of being supplanted, diluted, qualified or in any way watered down by anybody else having involvement or a contrary or complementary judgment.
On the point about post, and to avoid a lengthy debate on schedule 3, which we shall consider next, I note that paragraph 12 of schedule 3 adds new section 134A to the Mental Health Act 1983, which itself deals with post in sections 121 and 134. What does the proposed new section add to that Act? With that comment, I hope to curtail what might otherwise be a lengthy discussion on schedule 3. I hope that the Minister will address the matter.