Mental Health Bill (HL). Lords Committee stage fourth day. Schedules 2-5 agreed to. Clauses 21-38 agreed to. New clauses considered. Schedule 6 under consideration (Part 2 of 2)
Mental Health Bill [HL]
Committee of the Whole House (HL)
and
Debate on bills on Wednesday, 17 January 2007,
in the House of Lords.
About these Parliamentary proceedings
Reference
688 c727-70Session
2006-07Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Mental Health Bill (HL) . Explanatory Notes also published (HL Bill 1-EN )
Thursday, 16 November 2006
Bills
House of Lords
Thursday, 16 November 2006
Bills
House of Lords
Proceeding contributions
Baroness Ashton of Upholland | 688 c739-41 (Link to this contribution)
I am addressing these amendments because I have responsibility for the tribunal service within the D...
Earl Howe | 688 c741-2 (Link to this contribution)
moved Amendment No. 49:
49: Clause 31 , page 32, line 4, at end insert—
““( ) In section 78 (proce...
Show all contributions (65)
Earl Howe | 688 c741 (Link to this contribution)
I am grateful to the Minister. I take serious note of the points that she made, which in all conscie...
Baroness Ashton of Upholland | 688 c743-4 (Link to this contribution)
I am very grateful to noble Lords who have spoken in this debate. As I indicated earlier, I am espec...
Lord Patel of Bradford | 688 c742-3 (Link to this contribution)
I support the amendments. In respect of Amendment No. 49, we have heard it stated many times in our ...
Earl Howe | 688 c744-5 (Link to this contribution)
That statement of intent from the Minister is very welcome. I am sure that the Committee is glad tha...
Baroness Ashton of Upholland | 688 c745 (Link to this contribution)
I am sorry to interrupt the noble Earl, but he is right to suggest that. We plan to produce a strate...
Earl Howe | 688 c745 (Link to this contribution)
I am most grateful and beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amend...
Baroness Ashton of Upholland | 688 c746-7 (Link to this contribution)
I am grateful to the noble Earl for raising this issue. Noble Lords will know from their deliberatio...
Earl Howe | 688 c747-8 (Link to this contribution)
moved Amendment No. 52:
52: Before Clause 35 , insert the following new Clause—
““Obstruction
Afte...
Earl Howe | 688 c747 (Link to this contribution)
Once again, that is a helpful reply. I do not doubt that the Minister is totally sincere in what she...
Lord Patel of Bradford | 688 c751-2 (Link to this contribution)
I have put my name to this amendment because the suggested change in the law would be an empowering ...
Earl Howe | 688 c750-1 (Link to this contribution)
moved Amendment No. 53:
53: After Clause 36 , insert the following new Clause—
““Right to move hos...
Earl Howe | 688 c750 (Link to this contribution)
That was a helpful reply, on which I shall reflect carefully. However, this is an area where theory ...
Baroness Royall of Blaisdon | 688 c748-50 (Link to this contribution)
I am aware that the introduction of the new AMHP role and the loss of the requirement for the indivi...
Earl Howe | 688 c753-5 (Link to this contribution)
moved Amendment No. 54:
54: After Clause 37, insert the following new Clause—
““Places of safety
(...
Baroness Royall of Blaisdon | 688 c752-3 (Link to this contribution)
I am grateful to noble Lords for tabling this amendment on the arrangements that govern the transfer...
Earl Howe | 688 c753 (Link to this contribution)
I thank the Minister for her constructive reply. I would certainly settle for a set of provisions in...
Earl Howe | 688 c757 (Link to this contribution)
It would be defined initially both by case law and by the code of practice, I suppose. I know that t...
Lord Hunt of Kings Heath | 688 c756-7 (Link to this contribution)
I thank the noble Earl for giving way. I do not want to delay the Committee, but the problem is the ...
Earl Howe | 688 c757 (Link to this contribution)
I understand. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No...
Lord Hunt of Kings Heath | 688 c757 (Link to this contribution)
I have said that I will have a look at the ambiguity mentioned by the noble Earl. I can also conside...
Baroness Meacher | 688 c755 (Link to this contribution)
Having worked for eight years with the Police Complaints Authority, I, too, strongly endorse the wor...
Earl Howe | 688 c756 (Link to this contribution)
In welcoming the latter assurance, as I certainly do, I must express my disappointment with the bulk...
Lord Hunt of Kings Heath | 688 c755-6 (Link to this contribution)
If only I had a magic wand that could solve this problem. In fact, I have every sympathy with the po...
Baroness Murphy | 688 c757 (Link to this contribution)
moved Amendment No. 56:
56: After Clause 37, insert the following new Clause—
““Ill treatment of p...
Lord Hunt of Kings Heath | 688 c757 (Link to this contribution)
I have considerable sympathy with the points raised by the noble Baroness and would be happy to take...
Baroness Murphy | 688 c757 (Link to this contribution)
I was so surprised by the Minister’s response that I almost did not rise again. I thank the Minister...
Baroness Barker | 688 c768 (Link to this contribution)
moved Amendment No. 61A:
61A: Schedule 6, page 78, line 33, at end insert—
““Request refused: supe...
Earl Howe | 688 c769 (Link to this contribution)
I shall speak very briefly to Amendment No. 65, which is designed to ensure that where the superviso...
Baroness Ashton of Upholland | 688 c769-70 (Link to this contribution)
The noble Earl is right to point out the role of the best interests assessor, who has to give reason...
Baroness Barker | 688 c770 (Link to this contribution)
I thank the Minister for that reply. She will understand the strength of feeling that lies behind th...
Lord Grocott | 688 c767-8 (Link to this contribution)
I am a little startled to have had this proposed without any notice whatever, particularly from a se...
Countess of Mar | 688 c768 (Link to this contribution)
Can the Chief Whip assure me that the next group will not exceed the unusual retiring time of 11 o’c...
Lord Grocott | 688 c768 (Link to this contribution)
I really do not think that we can negotiate the business of the House—it is already taking time to d...
Baroness Royall of Blaisdon | 688 c770 (Link to this contribution)
I beg to move that the House do now resume.
Moved accordingly, and, on Question, Motion agreed to.
Baroness Barker | 688 c765 (Link to this contribution)
There we have a difference because I believe that it is likely to indicate that there is something i...
Earl Howe | 688 c765-6 (Link to this contribution)
moved Amendment No. 61:
61: Schedule 6 , page 76, leave out lines 19 to 28 and insert—
““( ) Any ...
Baroness Barker | 688 c765 (Link to this contribution)
I fully accept that point and I apologise if I misrepresented what the Minister said, but she might ...
Baroness Ashton of Upholland | 688 c765 (Link to this contribution)
I do not accept that because if we think about some of the circumstances of care that one is providi...
Baroness Ashton of Upholland | 688 c765 (Link to this contribution)
I did not suggest for a minute that it was a technicality—I know that the noble Baroness is not accu...
Earl Howe | 688 c767 (Link to this contribution)
That was a very welcome assurance; I could not have asked the noble Baroness to do more. I hope that...
Countess of Mar | 688 c767 (Link to this contribution)
As it is nearly 10.50 pm, we have seven groups of amendments left and we have to go to bed by 11 o’c...
Baroness Murphy | 688 c766 (Link to this contribution)
I know that my noble friend Lord Rix wished to make a point about the case that generated all this c...
Baroness Ashton of Upholland | 688 c767 (Link to this contribution)
I am grateful to the noble Earl and the noble Baroness. I had a very useful discussion this morning ...
Baroness Barker | 688 c761-2 (Link to this contribution)
moved Amendment No. 60:
60: Schedule 6 , page 73, line 4, at end insert—
““No charges for accommod...
Earl Howe | 688 c761 (Link to this contribution)
I am grateful to the Minister and beg leave to withdraw the amendment.
Amendment, by leave, withdra...
Lord Hunt of Kings Heath | 688 c761 (Link to this contribution)
I apologise to the noble Earl. The reason I went off is that I thought when he moved Amendment No. 5...
Earl Howe | 688 c760 (Link to this contribution)
moved Amendment No. 58A:
58A: After Clause 37 , insert the following new Clause—
““Places of safet...
Baroness Ashton of Upholland | 688 c762-4 (Link to this contribution)
I am grateful to the noble Baroness for giving us some of the background and for setting out the rea...
Baroness Wilkins | 688 c758-9 (Link to this contribution)
moved Amendment No. 57:
57: After Clause 37, insert the following new Clause—
““Repeal of section ...
Lord Hunt of Kings Heath | 688 c759-60 (Link to this contribution)
I am grateful to noble Lords for raising this issue. However, the Committee may consider it better f...
Earl Howe | 688 c759 (Link to this contribution)
I, too, congratulate the noble Baroness. Section 141 is about the most blatant piece of discriminati...
Lord Patel of Bradford | 688 c733 (Link to this contribution)
I thank the Minister for his response and for his kind remarks about the Mental Health Act Commissio...
Lord Hunt of Kings Heath | 688 c731-3 (Link to this contribution)
That was a very useful contribution; I am grateful to the noble Lord for making it. I would like to ...
Lord Hunt of Kings Heath | 688 c737 (Link to this contribution)
The noble Lord, Lord Patel, makes a powerful case. I am afraid that my answer is essentially the one...
Lord Patel of Bradford | 688 c733-7 (Link to this contribution)
moved Amendment No. 45:
45: Schedule 3, page 58, line 31, at end insert—
““After section 121 of th...
Earl Howe | 688 c738-9 (Link to this contribution)
moved Amendment No. 47:
47: Clause 31, page 31, line 40, at end insert—
““( ) In section 70 (appli...
Lord Patel of Bradford | 688 c737-8 (Link to this contribution)
I thank the Minister for his remarks. It is important that the census of all in-patients in the ment...
Lord Patel of Bradford | 688 c727-31 (Link to this contribution)
moved Amendment No. 43:
43: Schedule 3 , page 58, line 31, at end insert—
““In section 121 of the ...
Baroness Neuberger | 688 c755 (Link to this contribution)
I support most strongly everything that the noble Earl, Lord Howe, has said and, with the permission...
Baroness Wilkins | 688 c760 (Link to this contribution)
I thank noble Lords for their support for this amendment and the Minister for his response—which was...
Earl Howe | 688 c745-6 (Link to this contribution)
moved Amendment No. 51:
51: After Clause 31 , insert the following new Clause—
““Referral to tribu...
Baroness Barker | 688 c764-5 (Link to this contribution)
The noble Baroness replied with her customary fullness of detail and consideration and I thank her f...
Baroness Barker | 688 c759 (Link to this contribution)
I have said on many occasions that I believe that, if there are no other good reasons for the existe...
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