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Section 54 — Measures that may be authorised

Part of Mental Health (Care and Treatment) (Scotland) Bill: Stage 3 – in the Scottish Parliament at 12:15 pm on 19th March 2003.

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Photo of Mary Mulligan Mary Mulligan Labour 12:15 pm, 19th March 2003

We do not support amendment 114, the effect of which would be to allow the tribunal to exclude certain treatments, or to impose limitations on their use, when granting authority for a compulsory treatment order. A similar amendment was considered by the Health and Community Care Committee at stage 2 and was not accepted.

The Millan committee also rejected the suggestion. The Millan report recommended that, in approving a plan of care, the tribunal should be entitled to satisfy itself that the necessary safeguards will be followed, but not to add additional safeguards. The appropriate safeguards are elsewhere, particularly in part 13.

We agree with the Millan committee's analysis. It is important to be clear about what is reasonably within the remit of the tribunal and what is within the responsibility of the treating clinician.