Mental Health Bill [Lords]

The hon. Gentleman is quite right that we have to look both at the treatability test and the definition of mental disorder. As I have indicated, we propose to change both. But I do not accept his point that, in the light of the changes that we wish to make to the definition of mental disorder, we can therefore be comfortable with retaining the treatability test. The way in which it has been defined in the amendment made in another place would have thoroughly unhelpful—and in some cases, quite disastrous—consequences, of the kind that he describes in relation to, as I take it, one of his constituents. I am conscious of the fact that I have been generous in giving way and that there are many other hon. Members who wish to speak in the debate, so let me just turn briefly to the other key provisions in the Bill. I have referred already to the changes to the basic definition of mental disorder in the Mental Health Act 1983—as have others. We also intend to remove all the exclusions from the definition of mental disorder—except the one for alcohol and drug dependants—again in the belief that the simpler we can make the law, the fewer arbitrary obstacles there will be to the proper use of the legislation, thus ensuring that people who are seriously ill and need treatment get that treatment. The Bill will update legislation in line with new ways of working in health and social care. Many of the statutory functions under the 1983 Act have to be carried out by a psychiatrist or social worker. However, of course, the world has moved on. For example, nurses are now taking on a wider range of roles and gaining additional qualifications in a way that simply was not happening 20 years ago. The Bill thus opens up several such functions to people who have the right skills and experience, regardless of their professional background. I know that those provisions have been warmly welcomed by the Royal College of Nursing, Unison and others. We will strengthen safeguards for patients who are subject to the compulsory powers of the 1983 Act. At the moment, all patients under compulsory powers have the right to apply to a mental health review tribunal. However, the Bill will establish a maximum period after which all civil patients must be referred to an independent tribunal, even if neither they nor their nearest relative has made such a request. We will also take a power to allow the Secretary of State for Health and Welsh Ministers to reduce that period.