Mental Health Bill (HL). Second reading debate. Agreed to on question and committed to a Public Bill Committee. Programme motion on proceedings in Committee, Consideration and Third reading and Other proceedings. Agreed to on question. Queen's recommendation signified. Money resolution agreed to on question.
Mental Health Bill [HL]
Debate on bills on Monday, 16 April 2007,
in the House of Commons,
led by Patricia Hewitt.
The answering
member was Lord Lansley.
About these Parliamentary proceedings
Reference
459 c52-131 Session
2006-07Legislative stage
Second readingChamber / Committee
House of Commons chamberRelated items
Mental Health Bill (HL). Brought from the Lords. Explanatory Notes Bill 76-EN also published.
Wednesday, 7 March 2007
Bills
House of Commons
Wednesday, 7 March 2007
Bills
House of Commons
Legislative scrutiny : Mental Health bill. Human Rights Joint Select Committee fourth report report with proceedings and appendices.
Tuesday, 30 January 2007
Parliamentary committees
House of Lords
House of Commons
Tuesday, 30 January 2007
Parliamentary committees
House of Lords
House of Commons
Proceeding contributions
Speaker | 459 c96 (Link to this contribution)
Order. Quite a few hon. Members are still hoping to catch my eye, and even though Mr. Speaker has im...
Speaker | 459 c70 (Link to this contribution)
Order. I remind all right hon. and hon. Members that Mr. Speaker has placed a 10-minute limit on spe...
Show all contributions (132)
Richard Taylor | 459 c96-7 (Link to this contribution)
I very much welcome the contributions that have been made, particularly by Labour Members, because t...
Chris Bryant | 459 c94 (Link to this contribution)
My hon. Friend makes an important point and I will come on to the specific issue of when detention i...
John Bercow | 459 c94 (Link to this contribution)
In pursuance of the point made by the hon. Member for Walsall, North (Mr. Winnick), may I press the ...
Chris Bryant | 459 c94 (Link to this contribution)
That is an important area that needs to be discussed and should be teased out in Committee.
I belie...
Andrew Gwynne | 459 c103-6 (Link to this contribution)
I appreciate the opportunity to speak in this debate, Mr. Deputy Speaker. I very much welcome the Go...
Hywel Williams | 459 c100-3 (Link to this contribution)
I have a long-standing interest in mental health having recently been a member of the Joint Committe...
Martin Horwood | 459 c95 (Link to this contribution)
I have been in my place for the whole debate. However, in respect of amendment, the hon. Gentleman s...
Chris Bryant | 459 c94-5 (Link to this contribution)
The hon. Gentleman has not been in his place for all of the last part of the debate and I want to su...
Meg Hillier | 459 c98-100 (Link to this contribution)
Time is short so I will not go into some of the details of mental health issues in Hackney. I manage...
Chris Bryant | 459 c95-6 (Link to this contribution)
I doubt whether many lawyers would agree with the hon. Gentleman about the meaning of ““likely””. Th...
John Bercow | 459 c90 (Link to this contribution)
That is a perfectly reasonable point, but I think—I shall stand corrected tomorrow if I am mistaken—...
Tim Loughton | 459 c90 (Link to this contribution)
My hon. Friend is making an excellent case and expanding on the point that I tried to make earlier, ...
Lynne Jones | 459 c90 (Link to this contribution)
I agree with the hon. Gentleman that ““appropriate treatment”” is inadequate, but is not the problem...
David Winnick | 459 c94 (Link to this contribution)
My hon. Friend, like other hon. Members, is making a powerful speech, recognising the necessity of t...
Chris Bryant | 459 c92-3 (Link to this contribution)
It is always a delight to follow the hon. Member for Buckingham (John Bercow). It is a delight, too,...
Baroness Winterton of Doncaster | 459 c91 (Link to this contribution)
I thank the hon. Gentleman for giving way as there is a point I need to put to him. There are people...
John Bercow | 459 c91 (Link to this contribution)
I shall give way just once more because it is the Minister and it is courteous to do so.
John Bercow | 459 c90 (Link to this contribution)
My hon. Friend is absolutely right. He has reiterated on the Floor of the House a powerful point mad...
James Duddridge | 459 c120-1 (Link to this contribution)
It is a pleasure to follow the hon. Member for Kingston upon Hull, North (Ms Johnson) who made a num...
Baroness Winterton of Doncaster | 459 c121 (Link to this contribution)
indicated assent.
James Duddridge | 459 c121-2 (Link to this contribution)
I am glad to see that the Minister shares my view. In fact, the mental health partnership was one of...
Tim Loughton | 459 c122-5 (Link to this contribution)
We have had a very good debate, with some very knowledgeable contributions from no fewer than 17 Bac...
Fiona Mactaggart | 459 c125 (Link to this contribution)
Will the hon. Gentleman give way?
Tim Loughton | 459 c125-6 (Link to this contribution)
I will not, I am afraid, because I have very little time.
Potentially, the most dangerous patient w...
Tim Loughton | 459 c126-7 (Link to this contribution)
I will not.
Under the original terms of the Bill, clinicians would be turned into jailers. Indeed, ...
Fiona Mactaggart | 459 c126 (Link to this contribution)
Will the hon. Gentleman give way?
Baroness Winterton of Doncaster | 459 c127-31 (Link to this contribution)
I am sorry that the hon. Member for East Worthing and Shoreham (Tim Loughton) ended a thoughtful and...
Adam Afriyie | 459 c106-8 (Link to this contribution)
I am conscious of the amount of time left this evening, so I shall keep my remarks as short as possi...
Madeleine Moon | 459 c113-5 (Link to this contribution)
As many people have remarked during the debate, this is a complex Bill with a history of controversy...
Charles Walker | 459 c116 (Link to this contribution)
I am afraid that I will not be able to do the subject justice, because we have heard excellent speec...
Ann Coffey | 459 c108-10 (Link to this contribution)
It is not surprising that the Bill has proved controversial. After all, we are dealing with contenti...
Martin Horwood | 459 c110-3 (Link to this contribution)
The other place has a reputation for well-informed debates, but I have been struck by the level of e...
Diana Johnson | 459 c119 (Link to this contribution)
I listened with interest to the hon. Member for Broxbourne (Mr. Walker), especially when he question...
Charles Walker | 459 c117-9 (Link to this contribution)
I have paid fulsome tribute to the speeches of Members this evening but my views are little differen...
Madeleine Moon | 459 c117 (Link to this contribution)
Does the hon. Gentleman agree that the fact that we have a ten-minute rule on speeches in this debat...
Diana Johnson | 459 c119-20 (Link to this contribution)
In any case, Winston Churchill achieved a great deal in his career as a Member of Parliament, and in...
Baroness Winterton of Doncaster | 459 c84 (Link to this contribution)
indicated dissent.
Baroness Browning | 459 c84-5 (Link to this contribution)
The Minister is nodding her head the wrong way, from left to right. I want it to go more north to so...
Speaker | 459 c83 (Link to this contribution)
Order. The hon. Gentleman’s time is up.
Baroness Browning | 459 c83-4 (Link to this contribution)
I declare an interest, as a vice-president of the National Autistic Society. I wish to refer to the ...
Baroness Winterton of Doncaster | 459 c85 (Link to this contribution)
The hon. Lady is right that many of us have had experience of such constituency cases. The issue of ...
Baroness Browning | 459 c85 (Link to this contribution)
I hope that the Minister and I will have an opportunity to talk about that further if I am fortunate...
David Kidney | 459 c80-3 (Link to this contribution)
I agree with the hon. Member for North Norfolk (Norman Lamb) that it is not before time that we are ...
Norman Lamb | 459 c76 (Link to this contribution)
I have never at any stage suggested that it is the unanimous view, but it certainly appears to me to...
Meg Hillier | 459 c76 (Link to this contribution)
Talking of the views of consultant psychiatrists, one said to me:"““A section is an act of kindness ...
Norman Lamb | 459 c76 (Link to this contribution)
I have made the point that we accept the case that sometimes compulsion is necessary. The point is t...
Hywel Williams | 459 c76 (Link to this contribution)
The hon. Member for Hackney, South and Shoreditch (Meg Hillier) has put her finger on the problem: t...
Norman Lamb | 459 c76 (Link to this contribution)
I absolutely agree with the hon. Gentleman.
I want to state the clear principle that depriving a pe...
Lynne Jones | 459 c76 (Link to this contribution)
Will the hon. Gentleman give way?
Norman Lamb | 459 c76-7 (Link to this contribution)
I should like to make some progress, but I would be happy to give way later.
The focus must be on e...
Meg Hillier | 459 c77-8 (Link to this contribution)
I represent a constituency in Hackney, and in the City and Hackney primary care trust as a whole, 40...
Norman Lamb | 459 c78-80 (Link to this contribution)
I am grateful to the hon. Lady for that intervention, but my point was that, under the existing regi...
Doug Naysmith | 459 c75-6 (Link to this contribution)
It is true that that is the view of the Royal College of Psychiatrists—Dr. Zigmond is sitting up in ...
Patricia Hewitt | 459 c53 (Link to this contribution)
I will address that point in detail shortly, but let me say now that over the last 10 years or so th...
Tim Loughton | 459 c53 (Link to this contribution)
The Secretary of State mentions that she had personal experience of caring for someone with mental i...
Patricia Hewitt | 459 c53 (Link to this contribution)
There is no controversy or disagreement about that. Those who pose a risk to themselves or to others...
Mark Pritchard | 459 c53 (Link to this contribution)
Is the Secretary of State comfortable with the civil liberties principle that the Bill, as not amend...
Patricia Hewitt | 459 c53-4 (Link to this contribution)
The hon. Gentleman has forgotten that mental health laws have included compulsory powers for more th...
Patricia Hewitt | 459 c54 (Link to this contribution)
I thought that that might be the hon. Gentleman’s point and I was just about to say that in Wales th...
Hywel Williams | 459 c54 (Link to this contribution)
Will the Secretary of State bear in mind that the Bill applies to both England and Wales? It is wide...
Patricia Hewitt | 459 c54 (Link to this contribution)
My hon. Friend makes an important point. We have already made the decision to give 16 and 17-year-ol...
Baroness Hoey | 459 c54 (Link to this contribution)
The Secretary of State mentioned vulnerable people. Does she agree that children with mental health ...
Speaker | 459 c54 (Link to this contribution)
Order. It is important that interventions are made in the normal way, not from a sedentary position,...
David Kidney | 459 c52 (Link to this contribution)
On that vulnerability point, one good aspect of the previous draft Bill was the right to advocacy fo...
Patricia Hewitt | 459 c52 (Link to this contribution)
I beg to move, That the Bill be now read a Second time.
As the House knows, I am very strong on pro...
Mike Penning | 459 c53 (Link to this contribution)
I thank the Secretary of State for being so generous in giving way. She is right that many constitue...
Patricia Hewitt | 459 c52 (Link to this contribution)
My hon. Friend raises an extremely important point and, as Lord Hunt said in another place on this B...
Lord Lansley | 459 c64 (Link to this contribution)
I am grateful to the hon. Lady for making that point, but I was about to come on to that issue, beca...
Fiona Mactaggart | 459 c64 (Link to this contribution)
The hon. Gentleman cited clinicians as saying that better patient compliance was the top factor that...
Lord Lansley | 459 c64 (Link to this contribution)
The Minister shakes her head, but let us be clear: the evidence does not support anything like that ...
Baroness Winterton of Doncaster | 459 c64 (Link to this contribution)
indicated dissent.
Lord Lansley | 459 c65-6 (Link to this contribution)
Occasionally, I read the notes that I have prepared beforehand, and my next page says that the ““Avo...
Patricia Hewitt | 459 c64 (Link to this contribution)
Is the hon. Gentleman aware that the same ““Avoidable Deaths”” report concluded last year that 56 of...
Lord Lansley | 459 c66 (Link to this contribution)
I am grateful to my hon. Friend, because the evidence taken by the Joint Committee has been useful, ...
Lord Lansley | 459 c63-4 (Link to this contribution)
I am interested in my hon. Friend’s point. From my recollection, most accident and emergency departm...
Patricia Hewitt | 459 c66 (Link to this contribution)
Will the hon. Gentleman tell the House whether he supports the amendment made in another place to re...
Patricia Hewitt | 459 c59-60 (Link to this contribution)
The hon. Gentleman is quite right that we have to look both at the treatability test and the definit...
Martin Horwood | 459 c59 (Link to this contribution)
I have some sympathy with what the Secretary of State is talking about, because I am familiar with a...
Patricia Hewitt | 459 c59 (Link to this contribution)
My hon. Friend is absolutely right and that is why we have come to the conclusion that it is much be...
Chris Bryant | 459 c59 (Link to this contribution)
Is not a further difficulty that many clinicians, when faced with the question, ““Will there genuine...
Patricia Hewitt | 459 c61 (Link to this contribution)
My hon. Friend has extensive experience in the field and I hope that she will develop her point duri...
Ann Coffey | 459 c61 (Link to this contribution)
My right hon. Friend will be aware that concern has been expressed by approved social workers about ...
Brian Iddon | 459 c60 (Link to this contribution)
What would the Secretary of State say to people who are critical of the six-month automatic referral...
Lord Lansley | 459 c61-3 (Link to this contribution)
It is interesting to hear the Secretary of State move the Second Reading of a Bill whose principles ...
Mark Pritchard | 459 c63 (Link to this contribution)
Of the 1,300 people who sadly killed themselves last year who had exposure to mental health services...
Justine Greening | 459 c58 (Link to this contribution)
Is the Secretary of State not concerned, as I am, that organisations such as the British Medical Ass...
Patricia Hewitt | 459 c57-8 (Link to this contribution)
No, I cannot. No doubt the hon. Gentleman will wish to develop that point later in the debate.
Let ...
Lord Lansley | 459 c58 (Link to this contribution)
I am grateful to the Secretary of State for giving way on that point, because it is one that she and...
Patricia Hewitt | 459 c58 (Link to this contribution)
No. I think that there is a very real problem with the treatability test as interpreted in current l...
Lynne Jones | 459 c56-7 (Link to this contribution)
Supervised community treatment orders have proved controversial, but they were introduced with relat...
Tim Loughton | 459 c57 (Link to this contribution)
Can the Secretary of State name one physical health condition to which similar circumstances current...
Patricia Hewitt | 459 c57 (Link to this contribution)
My hon. Friend makes an interesting point, particularly about Scotland, where the scope of supervise...
Patricia Hewitt | 459 c58 (Link to this contribution)
Our estimate is several thousand, but, in any case, it is too many. I am afraid that there is a perv...
Lord Lansley | 459 c59 (Link to this contribution)
The Secretary of State has just demolished her own argument. She says that modern treatment is avail...
Patricia Hewitt | 459 c59 (Link to this contribution)
I am afraid that the hon. Gentleman is ignoring the fact that, because of the assumption that people...
Patricia Hewitt | 459 c55 (Link to this contribution)
I completely disagree with the hon. Lady. Far from broadening the clinical definition of a mental di...
Patricia Hewitt | 459 c54-5 (Link to this contribution)
I am not sure whether we were counting at that stage, so I shall come back to the hon. Gentleman on ...
Tim Loughton | 459 c54 (Link to this contribution)
The truth about the point that the right hon. Lady made is that before the arrangements for young pe...
Patricia Hewitt | 459 c54 (Link to this contribution)
I will give way again to the hon. Gentleman.
Fiona Mactaggart | 459 c56 (Link to this contribution)
On that point, I am glad that my right hon. Friend has made it clear that this provision applies whe...
Patricia Hewitt | 459 c56 (Link to this contribution)
My hon. Friend makes an extremely important point about rights for victims in these tragic cases—a m...
Lord Watson of Wyre Forest | 459 c55 (Link to this contribution)
If ever there was a piece of legislation that proved that we cannot please all the people all the ti...
Patricia Hewitt | 459 c55-6 (Link to this contribution)
I completely agree with my hon. Friend. Of course, we do not want to see young children treated in a...
Lord Lansley | 459 c67 (Link to this contribution)
First, we need to consider whether it is more appropriate for someone who is at risk of harming them...
Lynne Jones | 459 c67 (Link to this contribution)
I was going to make the same point as the Secretary of State, and I am pleased that the Opposition d...
Lord Lansley | 459 c67-8 (Link to this contribution)
I am grateful to the hon. Lady for those points, and I am reminded of an occasion on which I sat wit...
Adam Afriyie | 459 c68 (Link to this contribution)
We are all after the same objective—people suffering from mental health challenges should gain acces...
Lord Lansley | 459 c68 (Link to this contribution)
I am about to come on to that point. Compulsion does not come without cost. Although there is a fina...
Meg Hillier | 459 c68 (Link to this contribution)
In the debate about coercion, we have heard little about the actual mental health patients themselve...
Lord Lansley | 459 c68 (Link to this contribution)
The hon. Lady has fallen into the same trap as the Secretary of State that treatment is available on...
Patricia Hewitt | 459 c69 (Link to this contribution)
The hon. Gentleman has referred several times to supervised aftercare arrangements, but is he aware ...
Lord Lansley | 459 c69-70 (Link to this contribution)
Once again, the Secretary of State is making our argument for us. It is perfectly clear that far fro...
Norman Lamb | 459 c73 (Link to this contribution)
It was good to hear the belated recognition by the right hon. Member for Sheffield, Brightside (Mr. ...
Judy Mallaber | 459 c73 (Link to this contribution)
Will the hon. Gentleman accept that the alliance of all those professionals—this includes Amicus, th...
Lord Blunkett | 459 c70-3 (Link to this contribution)
First, I congratulate my right hon. Friend the Secretary of State and her ministerial colleagues on ...
Norman Lamb | 459 c75 (Link to this contribution)
It would be like looking for a needle in a haystack. The point that I am trying to make is that the ...
Hywel Williams | 459 c75 (Link to this contribution)
Therefore, if the provision goes through, are not we in danger of locking up some people who are not...
Norman Lamb | 459 c73-4 (Link to this contribution)
I accept that and certainly we will listen to the concerns as the Bill goes through Committee. I app...
Chris Bryant | 459 c74 (Link to this contribution)
That is a completely false understanding of how logic works. It is entirely wrong to suggest that we...
Norman Lamb | 459 c75 (Link to this contribution)
I am grateful to the hon. Lady for that intervention. She makes a very good point. It reinforces the...
Norman Lamb | 459 c75 (Link to this contribution)
Of course, that will always be the risk.
If we look at the findings of the various inquiries that h...
Baroness Browning | 459 c75 (Link to this contribution)
I was present when Dr. Zigmond made that statement today, but it is not only him as an individual, e...
Speaker | 459 c80 (Link to this contribution)
Order. I remind hon. Members that it is not permissible for them to refer in their speeches to peopl...
Baroness Browning | 459 c66 (Link to this contribution)
Is there not another consideration, about which the Joint Committee on Human Rights heard very clear...
Baroness Browning | 459 c55 (Link to this contribution)
The difference between the right hon. Lady’s proposals and the Mental Health Act 1983 is not just to...
Charles Walker | 459 c119 (Link to this contribution)
Not while he was a sitting Member of Parliament.
Andrew Dismore | 459 c85-8 (Link to this contribution)
I speak in this debate as the Chairman of the Joint Committee on Human Rights and in support of our ...
John Bercow | 459 c88-90 (Link to this contribution)
It is a great pleasure to follow the hon. Member for Hendon (Mr. Dismore), many of whose concerns I ...
Patricia Hewitt | 459 c60-1 (Link to this contribution)
I hope that I can reassure my hon. Friend on that point. We have agreed that it would be desirable t...
John Bercow | 459 c91-2 (Link to this contribution)
I did not say that we should turn our backs on them, but that we should have respect for them and be...
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