Mental Health Bill [HL]

Given that the code of practice deals with matters such as seclusion and restraint and that the right of departure from the code applies to categories of patients—such as those in Ashworth, for example, when considering the period of review of their cases—we are dealing with matters of great importance. The Minister quoted at length from the Munjaz case, but I want to point out to noble Lords that the judgment of the Judicial Committee of your Lordships’ House was by three to two. I could quote from the dissenting speech of the noble and learned Lord, Lord Steyn, who said of the majority view that it was, "““a lowering of the protection offered by the law to mentally disordered patients and a set-back for a modern and just mental health law””."