Mental Health Bill (HL). Lords Committee stage third day. Clauses 5 to 7 agreed to. New clause under consideration. Part 1 of 2 records.
Mental Health Bill [HL]
Committee of the Whole House (HL)
and
Debate on bills on Monday, 15 January 2007,
in the House of Lords.
Type
Parliamentary proceeding
Reference
688 c439-502 
Session
2006-07
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
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 Royall of Blaisdon | 688 c502 (Link to this contribution)
This may be an appropriate moment to move that the House be resumed for the Question for Short Debat...
Lord Hunt of Kings Heath | 688 c500-1 (Link to this contribution)
I am sorry that I shall disappoint the noble Baroness. I thought that today the Government have show...
Show all contributions (91)
Earl Howe | 688 c501-2 (Link to this contribution)
The Minister has resisted the amendment and believes that the good practice approach is appropriate....
Lord Patel of Bradford | 688 c500 (Link to this contribution)
I should like to make a brief contribution about Amendment No. 19. In part, the amendment is intende...
Baroness Masham of Ilton | 688 c500 (Link to this contribution)
It is about time that the Minister accepted an amendment. This seems a good practice amendment, so I...
Baroness Murphy | 688 c499-500 (Link to this contribution)
I rise to support this amendment. In particular, I want to speak about the second-opinion appointed ...
Lord Carlile of Berriew | 688 c498-9 (Link to this contribution)
I wish to speak briefly in support of this amendment. The noble Earl is absolutely right when he spe...
Earl Howe | 688 c496-8 (Link to this contribution)
moved Amendment No. 19:
19: After Clause 7 , insert the following new Clause—
““Other treatment sa...
Earl Howe | 688 c496 (Link to this contribution)
Of course I accept the point put in that way. The noble Lord, Lord Patel, was surely right: clinical...
Lord Hunt of Kings Heath | 688 c439 (Link to this contribution)
My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.
Mov...
Earl Howe | 688 c441 (Link to this contribution)
I support all that the noble Lord, Lord Carlile, has said, and I hope that the Minister will acknowl...
Lord Carlile of Berriew | 688 c439-41 (Link to this contribution)
moved Amendment No. 8:
8: After Clause 4 , insert the following new Clause—
““Renewal of detention...
Lord Hunt of Kings Heath | 688 c467-8 (Link to this contribution)
Without commenting on the wording of the card, which I have not seen, I state that as a general prin...
Lord Patten | 688 c467 (Link to this contribution)
The Minister is being extremely kind in his response, despite my unkind suggestion that he might eve...
Lord Hunt of Kings Heath | 688 c468 (Link to this contribution)
I am certainly happy to look at that.
Countess of Mar | 688 c468 (Link to this contribution)
When inquiring into these points, the Minister should take the opportunity to look at what is being ...
Lord Hunt of Kings Heath | 688 c468-9 (Link to this contribution)
There are a number of issues here. I have asked the noble Baroness, Lady Knight, to supply me with s...
Lady Saltoun of Abernethy | 688 c468 (Link to this contribution)
How quickly can the Minister take the actions that he has said he will? This is now a matter of cons...
Earl Howe | 688 c470-3 (Link to this contribution)
moved Amendment No. 14:
14: After Clause 7 , insert the following new Clause—
““CHAPTER 1A
Treatme...
Lord Carlile of Berriew | 688 c463-4 (Link to this contribution)
My long-standing and considerable affection for the noble Baroness, Lady Knight, is equalled by my a...
Earl Howe | 688 c459 (Link to this contribution)
I rise briefly to support my noble friend who spoke extremely powerfully on an issue which it is not...
Baroness Masham of Ilton | 688 c458-9 (Link to this contribution)
In the rehab unit of a local hospital, which was also a place for very ill or dying patients, which ...
Baroness Knight of Collingtree | 688 c454-8 (Link to this contribution)
moved Amendment No. 10:
10: After Clause 6 , insert the following new Clause—
““Provision of appro...
Baroness Murphy | 688 c454 (Link to this contribution)
I thank the Minister for that careful response. There has been a creeping increase in the use of Sec...
Lord Patten | 688 c462 (Link to this contribution)
New Tory. That was a Freudian slip, encouraged by the noble Lord, Lord Carlile. How things have chan...
Lord Patten | 688 c460-2 (Link to this contribution)
I spoke during the proceedings on the Mental Capacity Bill when it was before your Lordships’ House....
Lady Saltoun of Abernethy | 688 c459-60 (Link to this contribution)
The situation which the noble Baroness, Lady Knight, described seems to me to amount to nothing shor...
Baroness Royall of Blaisdon | 688 c453-4 (Link to this contribution)
As we have heard, Amendment No. 9 would require all civil patients to be detained under Section 2 wh...
Baroness Finlay of Llandaff | 688 c462-3 (Link to this contribution)
I rise briefly to comment on the amendments. The noble Baroness, Lady Knight of Collingtree, has don...
Lord Carlile of Berriew | 688 c448-9 (Link to this contribution)
I am grateful to those who have taken part in what has become an interesting and lively debate. I ca...
Baroness Royall of Blaisdon | 688 c448 (Link to this contribution)
I understand that that is the point that the noble Countess was making, but we are talking about bes...
Earl Howe | 688 c450-1 (Link to this contribution)
The noble Baroness speaks with tremendous authority on this issue, and I can only agree with all tha...
Baroness Murphy | 688 c449-50 (Link to this contribution)
moved Amendment No. 9:
9: After Clause 5 , insert the following new Clause—
““Single gateway for t...
Baroness Murphy | 688 c447 (Link to this contribution)
Before the Minister responds further, it may be helpful through the Committee to inform the noble Ba...
Lord Hylton | 688 c447 (Link to this contribution)
I speak as a complete layman in these matters, but in view of the strength and quality of the six sp...
Countess of Mar | 688 c448 (Link to this contribution)
The point that I was making was that in fact they will not be responsible for the person throughout ...
Baroness Royall of Blaisdon | 688 c448 (Link to this contribution)
In response to the specific case raised by the noble Countess, and her fears, which I entirely under...
Baroness Neuberger | 688 c451-2 (Link to this contribution)
I support the noble Baroness, Lady Murphy, and the noble Earl, Lord Howe. As many noble Lords know, ...
Baroness Meacher | 688 c452-3 (Link to this contribution)
I shall be brief. I do not want to repeat what other noble Lords have said, but I want to register m...
Baroness Royall of Blaisdon | 688 c447 (Link to this contribution)
Indeed, in the House of Lords we have the most distinguished people available in many areas, includi...
Baroness Royall of Blaisdon | 688 c445-6 (Link to this contribution)
Amendment No. 8 concerns patients whose period of compulsory treatment under the Act has come up for...
Baroness Finlay of Llandaff | 688 c444-5 (Link to this contribution)
This issue was put to me very simply by a psychiatrist when we were discussing some of the ongoing p...
Countess of Mar | 688 c444 (Link to this contribution)
I heartily endorse what previous speakers have said. I am sorry that I have intervened so late in th...
Baroness Murphy | 688 c443-4 (Link to this contribution)
There is one occasion in the 1983 Act, in Section 141, where you can have the renewal of detention a...
Baroness Meacher | 688 c441-3 (Link to this contribution)
The Government have rightly upheld the 1983 Act requirement that a detention order, whether made und...
Countess of Mar | 688 c447 (Link to this contribution)
The noble Baroness described the situation for a patient under ideal circumstances. In my experience...
Baroness Masham of Ilton | 688 c447 (Link to this contribution)
If the patient does not agree with his or her treatment, do they have a right of appeal or the right...
Baroness Royall of Blaisdon | 688 c447 (Link to this contribution)
I regret that I do not have that information. I will write to the noble Baroness and place a copy of...
Baroness Neuberger | 688 c491-2 (Link to this contribution)
I support everything that the noble Earl, Lord Howe, said and simply add one other piece of evidence...
Lord Patel of Bradford | 688 c492-3 (Link to this contribution)
I rise to speak to Amendment No. 18. I have great sympathy with the purpose of this amendment and gr...
Baroness Meacher | 688 c494 (Link to this contribution)
I had not planned to speak to this amendment but wish to make one point. I was involved in the devel...
Lord Hunt of Kings Heath | 688 c494-5 (Link to this contribution)
Of course I will give careful consideration to the debate. The noble Earl, Lord Howe, said that pati...
Lord Bragg | 688 c493 (Link to this contribution)
I support Amendments Nos. 18 and 19, tabled by the noble Earl. We now know that medicines used to tr...
Baroness Chalker of Wallasey | 688 c493-4 (Link to this contribution)
I support the amendment tabled by my noble friend Lord Howe. The Minister will remember from our deb...
Earl Howe | 688 c496 (Link to this contribution)
I am immensely grateful for the authoritative support of the noble Lord, Lord Patel of Bradford, and...
Baroness Barker | 688 c495 (Link to this contribution)
Will the noble Lord share with the Committee the basis on which that calculation was made? Perhaps h...
Lord Hunt of Kings Heath | 688 c495 (Link to this contribution)
In fairness, these are estimates, and detailed work would need to be done in relation to the amendme...
Baroness Masham of Ilton | 688 c488 (Link to this contribution)
This sounds really rather concerning. I ask the noble Earl how many sub-standard units there are in ...
Earl Howe | 688 c488 (Link to this contribution)
If I may answer that question a little later on, it may be helpful to the Committee.
Lord Hunt of Kings Heath | 688 c488-9 (Link to this contribution)
It is entirely understandable that noble Lords have raised the question of how services are, essenti...
Lord Carlile of Berriew | 688 c489 (Link to this contribution)
Before the Minister sits down, will he please answer my question? Why have the Government withdrawn ...
Lord Hunt of Kings Heath | 688 c489 (Link to this contribution)
I thought that in the previous group of amendments on ECT we debated the issue of consent. I said to...
Lord Carlile of Berriew | 688 c489 (Link to this contribution)
I apologise to the noble Lord. I was absent for part of the previous debate, and I obviously missed ...
Earl Howe | 688 c489-90 (Link to this contribution)
I thank noble Lords who have spoken in the debate. I am grateful to the Minister for his reply, whic...
Lord Hunt of Kings Heath | 688 c490 (Link to this contribution)
Would the noble Earl, Lord Howe, find it helpful if, as well as asking my officials to discuss with ...
Earl Howe | 688 c490-1 (Link to this contribution)
moved Amendment No. 18:
18: After Clause 7 , insert the following new Clause—
““Administration of ...
Lord Hunt of Kings Heath | 688 c484 (Link to this contribution)
I am not in an enviable position as a Minister trying to refer to specific treatment cases when such...
Lord Patel of Blackburn | 688 c478-80 (Link to this contribution)
As I have previously declared, I am chairman of the Mental Health Act Commission and as such I have ...
Lord Hunt of Kings Heath | 688 c480-3 (Link to this contribution)
It is entirely understandable that there should have been a debate about ECT which reflects both his...
Lord Carlile of Berriew | 688 c487 (Link to this contribution)
Clauses 178 to 184 of the draft Bill of 2004 contained safeguards in relation to ECT. The committee ...
Baroness Finlay of Llandaff | 688 c487-8 (Link to this contribution)
An area that has not yet been mentioned is the danger of anoxia from poor anaesthetic maintenance te...
Baroness Neuberger | 688 c486-7 (Link to this contribution)
I support the noble Earl, Lord Howe, in this amendment. I will not speak long, as we are running beh...
Earl Howe | 688 c484-5 (Link to this contribution)
I am grateful to all noble Lords who spoke in this debate. I am particularly grateful for the suppor...
Earl Howe | 688 c485-6 (Link to this contribution)
moved Amendment No. 17:
17: After Clause 7 , insert the following new Clause—
““ECT compliance wit...
Lord Bragg | 688 c473 (Link to this contribution)
I rise briefly to support the amendment proposed by the noble Earl, Lord Howe, and echo what he said...
Countess of Mar | 688 c473 (Link to this contribution)
I also support the amendment. My mother would have been enormously grateful to the noble Earl, Lord ...
Baroness Neuberger | 688 c473-4 (Link to this contribution)
Other noble Lords have said a great deal to support the amendments in this group. I shall speak very...
Baroness Meacher | 688 c476-8 (Link to this contribution)
I also support Amendment No. 15, tabled in the name of the noble Earl, Lord Howe, and will limit my ...
Lord Acton | 688 c478 (Link to this contribution)
Of the studies that the noble Baroness quoted, was the benefit of ECT shown soon after it was given,...
Baroness Meacher | 688 c478 (Link to this contribution)
To my knowledge, the effects tend to happen very soon after ECT is given. I think there were studies...
Baroness Murphy | 688 c474-5 (Link to this contribution)
ECT is not getting a very good press here tonight. So, while strongly supporting these amendments, I...
Bishop of Ripon and Leeds | 688 c475-6 (Link to this contribution)
I support the amendments and the noble Earl, Lord Howe, in his presentation of them. This is perhaps...
Lord Williamson of Horton | 688 c476 (Link to this contribution)
I join the noble Earl, Lord Howe, and others in hoping that the Minister will be able to respond fav...
Lord Patel | 688 c476 (Link to this contribution)
I support these amendments. I agree that if there had been an amendment that banned ECT for under 18...
Lord Hunt of Kings Heath | 688 c464-7 (Link to this contribution)
I congratulate the noble Baroness, Lady Knight, on taking the opportunity to bring before us what ar...
Earl Howe | 688 c490 (Link to this contribution)
That is a helpful undertaking, and I am extremely grateful. I shall withdraw the amendment, of cours...
Baroness Knight of Collingtree | 688 c469-70 (Link to this contribution)
I appreciate more than I can say the very kind and generous way in which the Minister has replied to...
Earl of Onslow | 688 c446-7 (Link to this contribution)
Did the noble Baroness alter a single word of her brief from what was written down for her before th...
Lord Hunt of Kings Heath | 688 c496 (Link to this contribution)
It would be unfair to say that some of the changes we are making as a result of this Bill are a cost...
Baroness Murphy | 688 c483-4 (Link to this contribution)
Before the noble Lord finishes, I should like to press him on Section 62 emergency treatment and rem...
Baroness Murphy | 688 c487 (Link to this contribution)
The noble Earl, Lord Howe, and the noble Baroness, Lady Neuberger, have said it all. I know that the...
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