Mental Health Bill [HL]

I have a question for the Minister, following what has been said about the comparison between the Scottish Act, which I have in front of me, and the Bill. The Explanatory Note to Chapter 6 of the Bill, which is about cross-Border transfers, states: "““Transfers are only undertaken when they are in the patient’s interests””." It then explains what a transfer might be: someone would be moved from over the Border because he would be nearer his family when he was detained. It may well be, as I see it, that a Scottish patient will have been admitted because his ability to make decisions about the provision of medical treatment is significantly impaired. That is one of the conditions that the doctors must fulfil before that person is admitted. The person who is admitted for that reason is then transferred south of the Border where—because, as the noble Lord says, such a provision would undermine the entire Bill, although it does not undermine the Scottish Act—he would have been admitted for an invalid reason. Will he then be allowed out in England? After listening to this debate, it is clear to me that there is a major difference between the two sides of the Border. If the Minister cannot answer that question now, would he look into it? It seems that this will happen. I may be wrong, but I have been listening carefully, and the more I hear, the more the two pieces of legislation sound different—as will be the justice which people receive. That Scottish patient might be released in England, whereas in Scotland it was thought that he should be detained.