Clause 48
Health and Social Care Bill
3:00 pm
Ben Bradshaw (Minister of State (Health Services; Minister for the South West), Department of Health; Exeter, Labour)
I understand the intention behind the amendment, but I hope to explain to the hon. Member for Eddisbury why we think that it is unnecessary and that the matters that it addresses are already provided for.
The amendment would transfer certain functions currently carried out by the Mental Health Act Commission to the body that replaces it, the Care Quality Commission. Those functions are the visiting of patients and inspection of their records, and the reviewing of decisions to withhold the mail of patients detained in high-security hospitals. However, schedule 3 already gives those functions to the CQC. As we made clear in other sittings, the commission is bound to follow the Mental Health Act role.
On the frequency of visits, I can give the hon. Gentleman the assurance he seeks. It will be a matter entirely for the new commission, and not negotiable. It is a statutory role and we will not seek to interfere in that decision making.
On letters, paragraph 12 of schedule 3 amends the 1983 Act by inserting new section 134A. Section 134 provides for the incoming and outgoing mail of patients detained in high-security hospitals to be examined and withheld in specified circumstances. New section 134A will require the Care Quality Commission and Welsh Ministers to review any decision to withhold mail in those circumstances in response to an application to do so. It will also give the Secretary of State and Welsh Ministers the power to make regulations in connection with such an application. New section 134A is equivalent to powers that already exist in section 121 of the 1983 Act, which is being repealed.