I doubt whether many lawyers would agree with the hon. Gentleman about the meaning of ““likely””. That is precisely the problem, as many clinicians have expressed to me.
Another important issue is the exclusions in the 1983 Act, which are not in the Bill. I question—it is no more than that—why it is seen as right and proper to detain someone under the Bill for bulimia or anorexia nervosa, while exempting people in respect of alcohol or substance abuse. In practice, many of the treatments might well prove to be similar. Many of the processes that would have to be gone through would be the same and there is an element of compulsion. Yet many people treating anorexia nervosa and bulimia would say that volition is a very important part of the process of treatability.
I also question the removal of the exemption for sexual identity, sexual deviancy and promiscuity. I understand what the Government are saying, but no one today believes that being homosexual is a reason for putting someone in a psychiatric ward. I entirely accept that. However, if sexual identity or orientation is not such a big issue, why not allow the Lords amendment to retain the provision?
I also question how the treatment of paedophilia is handled. The law may well want to allow a clinician to detain someone whom he believed was about to engage in paedophile activity. However, according to the clinical definition, only 5 per cent. of child sexual abuse cases are actually perpetrated by clinically defined paedophiles. Any clinician I know who felt that a patient had a tendency towards paedophilia would be most likely to refer him to social services or to the criminal justice system. That is the proper place for that to be dealt with. Of course, it is also possible to draw an important distinction between somebody who believes themselves to be God and somebody who believes in God, so it should be possible for us to have an exemption for religious belief. But it is important for the Government to remember that the House of Lords wording retains the word ““solely””, which is an important hinge in terms of how the provision works.
Finally, I pay an enormous tribute to those who work in mental health. The people who work voluntarily at Hafal in my constituency and those who deal with many people with very chaotic lifestyles do a job that many of us would find impossible.
Mental Health Bill [Lords]
Proceeding contribution from
Chris Bryant
(Labour)
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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