First, we need to consider whether it is more appropriate for someone who is at risk of harming themselves always to be under supervised discharge arrangements rather than under compulsion. As for the question of whether we believe that CTOs should be available only if someone is at risk of harming others, the answer is not necessarily. I know that an amendment to that effect was tabled in the Lords, and it is reflected in clause 32. We need to look at that very carefully, and consider whether in theory there are other circumstances. I wish to emphasise the fact that whether it is circumstances in which someone is at risk of harming others or whether they are at risk of harming themselves, we should assert the three R’s—that is an easy way of remembering them—namely, relapse, refusal, and the result of treatment.
It is astonishing that Ministers have resisted that. The Minister of State, Department of Health, the right hon. Member for Doncaster, Central has talked about revolving-door patients. That is the criterion that we are using, which is why we wish to include those measures in the Bill. It is therefore seriously misleading to imply that compulsory treatment offers access to services. I could hear that implication when the Secretary of State said that people were being denied access to CTOs and, by extension, to treatment. That is not true. They need not be denied treatment if services are available, and there is a range of mechanisms to make that happen. Compulsion should be the last resort—and this brings me back to the point made by the hon. Member for Slough (Fiona Mactaggart)—because it does not come without a cost. I do not mean financial cost, but the cost of compliance.
Mental Health Bill [Lords]
Proceeding contribution from
Lord Lansley
(Conservative)
in the House of Commons on Monday, 16 April 2007.
It occurred during Debate on bills on Mental Health Bill [HL].
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2006-07Chamber / Committee
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