Amendment 55

Part of Mental Health Bill [HL] - Committee (3rd Day) – in the House of Lords at 6:45 pm on 22 January 2025.

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Photo of Baroness Merron Baroness Merron The Parliamentary Under-Secretary for Health and Social Care 6:45, 22 January 2025

Obviously, I am listening closely to the noble and learned Baroness’s experience and feeling on the matter, and I will certainly be pleased to reflect on the points that she and the noble Baroness, Lady Berridge, have made.

If I continue, that may be of some assistance—we will see. It is of concern to me that the possible creation of two different tests will potentially cause further confusion and uncertainty on the ground. We are therefore not in a position to welcome a statutory test of competence in the Mental Health Act.

Before I continue to Amendment 147, I will come back to the good question raised by the noble Lord, Lord Scriven, about the legal status of clinical checklists. Because they are in the Bill, they are a statutory requirement for clinicians, to be followed in respect of all patients. I hope that will be useful.

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