Mental Health Bill [HL]

My Lords, in this group of 69 amendments, I wish to comment on only two. I comment on those because they are important amendments. Amendments Nos. 29 and 30 deal with advocacy and age-appropriate accommodation and facilities for children under 18. Let me make it clear that I agree with those amendments and welcome them, but I should like to make one or two comments. First, on advocacy, the great advantage of the amendment that we have now is that it is a general amendment applicable to all qualifying patients, not just children or others. That means that we have established a system that will run for the future. We fully understand there is no specific timetable, because we have to create an advocacy service capacity. Therefore, we cannot expect to have such a timetable, but we welcome the Government's view that they will look at the working to accelerate the timetable for full implementation as soon as they can. That is important. I welcome the fact that the amendment makes explicitly clear that help is available to patients. These things can be easily forgotten and there are specific provisions that protect and facilitate effective advocacy, such as interviews in private, access to records, and so on. That is very welcome. I also welcome new Section 130D in the 1983 Act, which provides the duty to give information to ensure that a qualifying patient knows what help is available and where he can obtain it. It is very explicit; the text is fully comprehensible; it is always welcome to read in legislation something that is fully comprehensible. The Government have responded well to what we proposed earlier—by we, I include resolute campaigner, the noble Baroness, Lady Howells of St Davids, who is in the House, who has always worked very hard on the issue. I am glad to see her here and glad that we have made progress together. I turn now to the issue of age-appropriate accommodation facilities for those under 18. Our first requirement for this issue was that it be in the Bill. It is in the Bill; it applies to all those under 18 and there is a provision for consultation by hospital managers with someone who has knowledge of cases involving children. Those three elements were in the original amendment passed in this House and we are glad to see that they have come through unscathed. I also welcome the fact that there are new provisions about ensuring that the courts and social services should be informed where there is age appropriate accommodation available. This would avoid people being shunted around or held somewhere because they could not find the age appropriate accommodation. That is a practical point of considerable importance. My last point is on timing. Once again, we heard what the Minister said in the other House. We understand that this cannot necessarily be brought in instantly but we are anxious that it should come in quickly because it is a response to something that was previously unsatisfactory and we want to get it into place as soon as possible. We are all campaigners for that. Finally, I welcome the fact that the Bill started with main provisions, about which there was some dispute, and to which changes were proposed. These two amendments are slightly different; they are amendments which improve the current system, irrespective of other changes in the mental health world. That is what we wanted to achieve and what we have here, so I join others in thanking all the Ministers who have dealt with this. Whether they are still in health or wherever they have gone to—they have moved around quite a bit and I have not quite caught up with them all yet—their legacy is very much welcomed by me and others.