I am grateful to the hon. and learned Gentleman, who brings to the Committee experience of the role of a judge. I am not making the case that it is all down to the courts, but there is a role for the courts to play in terms of some of the diversion schemes that have been put in place for mental health assessments to be undertaken so that the courts can be provided with information about an offender’s mental condition and any treatment that may be appropriate. I take the point that it does not meet all circumstances and some of the needs may not be apparent at that court process.

I am not labouring the point and saying that it is all down to the courts and it is no one else’s responsibility, because clearly it is a responsibility and we have as a Government tried to make significant improvements to the mental health services available within prisons through the development of the new NHS mental  health in-reach services, which are backed up by an investment of more than £20 million a year. As the hon. and learned Gentleman says, there are in-reach teams in 102 prisons, including 60 staff now in post. They ensure that mentally ill prisoners are assessed as too ill to remain in prison so that they can be transferred to a hospital setting appropriate to their care and security under the requirements of the Mental Health Act.

In 2005, 24 per cent. more prisoners with mental illness too severe for them to be in prison were transferred to hospital than in 2002. The figures were up to 896 from 722. There has also been a decrease in the number of people waiting more than 12 weeks for a transfer to hospital. In the quarter ending June 2006, 44 prisoners were waiting, down from 62 in the same quarter in 2005, so we are showing a significant improvement. We are also running pilots that explore the possibility of reducing the 12-week waiting standard to just 14 days.

The hon. and learned Gentleman asked about prevention of suicide and self-harm. Suicide rates in prison remain higher than in the general population, although they have declined. Some 78 apparently self-inflicted deaths occurred in 2005, 95 in 2004 and94 in 2003. That must be put in the context of the number of individuals passing through the prison system each year—more than 130,000. Every death in prison is a terrible tragedy affecting families, staff and other prisoners deeply. Ministers, the National Offender Management Service and the Prison Service are committed to reducing the number of such tragic incidents. I am a member of a group of stakeholders looking at ways in which we can do that.

Self-inflicted deaths in custody are subject to highly random and large cyclical swings. The most reliable measure is the three-year rolling average. From 2003-04 to 2005-6, that stood at 121 deaths per 100,000 prisoners, which reflects the stabilisation of the figures over recent years. The Safer Custody Group, whichI reported on earlier, works with the prison andhealth services, and a variety of agencies, looking at assessment, care in custody and teamwork—ACCT—to help at-risk prisoners. ACCT will be extended to all prisons in 2007.

The hon. and learned Gentleman asked also about what we were doing for people with mental health problems when they leave prison. Continued treatment in the community is vital for such people and in February 2006 the Home Office launched a five-year strategy for protecting the public and reducing reoffending. That contains a commitment to look at ways in which offenders receive effective mental health treatment, whether in prison, hospital or the community. Offenders identified as having severe or enduring mental health problems are subject to the care programme approach during their stay in prison and on release.

The hon. and learned Gentleman is quite right. This is not a party political issue. He will accept that there have been mistakes with care in the community and that the past 10 years have seen improvements. However, we need to go further. During the short time that I have been in my post, I have been concerned about mental health problems in prison, particularly among young offenders. A great deal more needs to be,  and can be done. I am working with health Ministers to improve the situation and the Committee will be aware of the improvements in the Mental Health Bill, which is going through the Lords.

Mental health is an important issue, not only for the Committee, but for those tackling reoffending and looking at a range of health needs. The hon. and learned Gentleman talked about the number of women in prison with mental health problems. I saw that first hand on a visit to Holloway. It was distressing to see some people who could have been dealt with in another way and I look forward to Baroness Corston’s report on vulnerable women, which will come out soon. He referred to subsection (3), which repeals the “painful tests” provisions in the Prison Act. If he requires more details on that, I shall be happy to write to him and to the Committee. However, with that explanation ofthe Government’s policy on mental health and the particular issues relating to Clause 20, I hope that the Committee will support it.