Mental Health Bill [HL]

My Lords, does the Minister consider that the principles in the amendment apply to what is now Clause 37, entitled ““Cross-border arrangements””? In Committee, I asked the Minister a question and he was kind enough to write to me at some length on the matter. He confirmed that the implications of Clause 37 are that if a Scot, say, is detained in Edinburgh against his will on the grounds that his decision-making ability is impaired by his mental illness, and if that patient’s family are in London, he could not be moved south to be near them because the law in England would be different. He could no longer be detained there on the grounds that he is detained in Scotland; that is, his diminished decision-making ability. In that case, what may well be his wishes and feelings could not be met because his safety could not be assured if he was moved south. The Minister amended the Bill, which I appreciated very much, to make it possible for a patient who is detained in Scotland on grounds that do not exist in England to go on a short visit south of the Border—this could also apply to those coming north to Scotland from south of the Border—if they were escorted in safety; if they by chance escaped, they could be recaptured. I very much appreciated that but the Minister was not able to meet the main point, which is that if someone is detained on one side of the Border on a ground that does not exist on the other, he cannot be moved in safety to be detained at the other end. The amendment states that there should be respect for patients’ ““wishes and feelings”” and that their ““wellbeing and safety”” should be taken into account. These things do not apply in this case. The Minister may argue that that is one of the reasons why he does not want to put this principle in the Bill, but it is such a major principle that not doing so would be a great pity. I wonder whether care should be taken in the Scots Parliament and at Westminster to make issues that affect people’s liberty and rights the same north and south of the Border. I know that Scotland legislated first and that the Government here do not wish to follow them in this regard; they have every right not to do so. However, that creates a very awkward situation for a few people who will be disadvantaged. Is the Minister happy with the principles in light of Clause 37?