Mental Health Bill [Lords]

I hope that I can reassure my hon. Friend on that point. We have agreed that it would be desirable to reduce the six-month period, which is why we will take order-making powers in the Bill so that as resources become available—we will, of course, need to expand the capability of the mental health review tribunals—we can reduce that period. We will amend the Mental Health Act 1983 to remedy a human rights incompatibility regarding the nearest relative. We will also change the Mental Capacity Act 2005 to introduce the so-called Bournewood safeguards, following the Bournewood case in the European Court of Human Rights. Those new safeguards will be important for people who lack capacity and whose care unavoidably, and in their best interests, involves a deprivation of liberty, but for whom detention under the Mental Health Act 1983 would be quite inappropriate. I have already indicated that we tried, whenever possible, to reach agreement in another place, where the Bill has been extensively debated. In particular, we tabled an amendment in another place to ensure that the code of practice required under the Bill will contain principles and that the Bill will set out the issues that must be covered by those principles. I hope that the new clause, which I welcome, will reassure many of those who were concerned about the provisions of the original Bill and called for principles to be included in it. However, we believe that other amendments made in another place would damage patients and create the risk of harm to them, their families or the public. We cannot accept those amendments and we will try to reverse them in Committee.