Mental Health Bill [HL]

My Lords, I beg to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 41, at end insert ““but do propose Amendment 41A as an amendment to Commons Amendment 41, and Amendments 41B to 41D as consequential amendments to the Bill””. 41A: Line 7, leave out paragraph (d) and insert— ““(d) it is necessary that the responsible clinician should continue to be able to exercise the power under section 17E(1) above to recall the patient to hospital;”” 41B: Page 25, line 45, at end insert— ““( ) In determining whether the criterion in subsection (7)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).”” 41C: Page 63, line 17, leave out sub-paragraph (iii) and insert— ““(iii) that it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) above to recall the patient to hospital;”” 41D: Page 63, line 27, at end insert- ““( ) After subsection (1) insert— ““(1A) In determining whether the criterion in subsection (1)(c)(iii) above is met, the tribunal shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).”” Moved accordingly, and, on Question, amendment agreed to. Motion, as amended, agreed to.