Mental Health Bill [HL]

I am grateful to those who have taken part in what has become an interesting and lively debate. I cannot aspire to the dash, style and pizzazz of the noble Earl, Lord Onslow, but, if he will allow me to say so, I may be slightly more gallant than him this afternoon in thanking the Minister for speaking in such detail in answer to the amendment. I listened to her every word with care and I must say that my conclusion is that the Government are approaching the issue with eye-watering complacency, which causes me deep regret. The noble Baroness has listened to a number of speakers in this debate, of whom the majority—I do not include myself in this—are real experts in the field about which we are talking. They are people who have had their hands—literally, their healing hands—on the patients of whom we are speaking. When a Government change their mind, one always looks for reasons. The Government have changed their mind on this issue. It is absolutely clear from the Government's attitude to the 2004 draft Bill that they believed at that time that additional safeguards were needed. That is presumably why they included those safeguards in the draft Bill and it is for exactly those reasons that the committee, which I chaired, shared its concern that those additional safeguards were needed. The Government have now withdrawn from those safeguards to a position in which they are saying that the 1983 Act provides perfectly well for renewal. No cogent reasons have been given, other than—if it be a reason—that the 1983 Act works reasonably well so there is no reason to change it. The noble Baroness spoke about competencies. I urge the Committee to beware of the word ““competencies””, which arises in all forms of qualification approval in the public sector these days, not least in the legal profession and in the appointment of judges. It usually involves self-assessment or, at best, rudimentary assessment by others. Competencies are no substitute for recognised professional expertise; the word means something quite different. I feel great disappointment at what is turning into the dumbing-down of the skills required for renewal, rather than the approval, expressed implicitly in the draft 2004 Bill, for increasing the requirements. The Joint Committee on Human Rights was troubled about this part of the law and asked the Government to explain why they thought that the current situation under the 1983 Act was compatible with the Human Rights Act and the convention. The Bill as a whole has been certified as being compliant with the convention, but it would be of great assistance if the Minister could respond on this point—I apologise for not raising it earlier. We can then be clear on whether the Government are right. It would not be appropriate to divide the Committee on this matter today, but it is currently my intention—and possibly that of others—to return to the issue. With that in mind, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 5 agreed to.