Parliamentary search - Mental Health Bill [HL]

Type

Parliamentary proceeding

Reference

688 c649-713

Session

2006-07

Department

Department of Health

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Committee stage

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New clauses

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House of Lords chamber

Mental Health Bill (HL) . Explanatory Notes also published (HL Bill 1-EN )
Thursday, 16 November 2006
Bills
House of Lords

Mental Health Bill [HL]
Wednesday, 17 January 2007
Parliamentary proceedings
House of Lords

Proceeding contributions

Lord Carlile of Berriew | 688 c650-1 (Link to this contribution) I am grateful to the noble Lord. I shall speak only to Amendment No. 28. The purpose of Amendment N...

Lord Hunt of Kings Heath | 688 c650 (Link to this contribution) Did the noble Lord say that he was grouping Amendment No. 28 with Amendment No. 29? My understanding...

Show all contributions (82)

Lord Patel of Bradford | 688 c651-2 (Link to this contribution) There is little to add to the compelling arguments made by the noble Lord,Lord Carlile, and the nobl...

Earl Howe | 688 c651 (Link to this contribution) I support the noble Lord, Lord Carlile, on this amendment. One thing to which he did not refer but w...

Lord Carlile of Berriew | 688 c649-50 (Link to this contribution) moved AmendmentNo. 28: 28: After Clause 20, insert the following new Clause— ““CHAPTER 2B Criminal...

Lord Hunt of Kings Heath | 688 c649 (Link to this contribution) My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill. Mov...

Lord Mackay of Clashfern | 688 c652 (Link to this contribution) I have always been conscious of the difficulties that the criminal justice system faces in relation ...

Lord Carlile of Berriew | 688 c654 (Link to this contribution) I am astonished and wretchedly depressed by the Minister’s answer. As the noble Earl, Lord Howe, poi...

Lord Carlile of Berriew | 688 c654-6 (Link to this contribution) moved AmendmentNo. 29: 29: After Clause 20 , insert the following new Clause— ““Resolving disputes...

Lord Hunt of Kings Heath | 688 c660 (Link to this contribution) I hope I can explain a little more why I thought it might lead to a perverse consequence. I would ha...

Lord Carlile of Berriew | 688 c659-60 (Link to this contribution) I certainly accept that progress has been made, the most obvious being the transfer of responsibilit...

Lord Hunt of Kings Heath | 688 c659 (Link to this contribution) Notwithstanding the challenges that we face, does the noble Lord concede that considerable progress ...

Lord Carlile of Berriew | 688 c659 (Link to this contribution) I am grateful to the Minister for his customarily courteous and full reply to the amendments. As reg...

Lord Hunt of Kings Heath | 688 c657-9 (Link to this contribution) My Lords, this interesting debate has been short but extremely important. I do not underestimate the...

Lord Patel of Bradford | 688 c657 (Link to this contribution) My Lords, I speak to Amendment No. 29 and shall be extremely brief. Home Office circular 66/90 exhib...

Earl Howe | 688 c656-7 (Link to this contribution) My name is attached to Amendments Nos. 29 and 30 and I associate myself fully with the remarks of th...

Lord Carlile of Berriew | 688 c660 (Link to this contribution) The noble Lord really has missed the point. The idea that judges would expect any response from a re...

Earl Howe | 688 c661 (Link to this contribution) moved Amendment No. 31: 31: After Clause 20 , insert the following new Clause— ““Warrant to search...

Baroness Barker | 688 c661-2 (Link to this contribution) I want to clarify the purpose of Amendment No. 31. As the noble Earl, Lord Howe, said, it concerns g...

Lord Patel of Bradford | 688 c662 (Link to this contribution) I support AmendmentNo. 31. I believe that its merits are self-evident—the Minister should not requir...

Baroness Royall of Blaisdon | 688 c662-4 (Link to this contribution) My Lords, Amendments Nos. 31 and 34 concern a right of access to individuals in private premises. I ...

Baroness Masham of Ilton | 688 c664 (Link to this contribution) There is now a system of out-of-hours doctors at nights and weekends. Would the doctor who might be ...

Baroness Royall of Blaisdon | 688 c664 (Link to this contribution) I shall have to seek guidance on that. It would seem logical, but I really do not know. I shall writ...

Baroness Masham of Ilton | 688 c665 (Link to this contribution) If that were the case, it should be in the doctor’s contract, if it is not already.

Baroness Royall of Blaisdon | 688 c665 (Link to this contribution) I will certainly take on board that point.

Earl Howe | 688 c665 (Link to this contribution) I am grateful to the Minister for her response on Amendment No. 31. I hope that she will have a care...

Baroness Neuberger | 688 c666-7 (Link to this contribution) I support what the noble Lord, Lord Williamson, has said, but I will speak to Amendment No. 40. In t...

Lord Williamson of Horton | 688 c665-6 (Link to this contribution) moved Amendment No. 32: 32: After Clause 20, insert the following new Clause— ““Duty to inform nea...

Baroness Meacher | 688 c661 (Link to this contribution) I endorse the comments made by the noble Earl, Lord Howe. As I understand it, the only way you can o...

Baroness Royall of Blaisdon | 688 c713 (Link to this contribution) I beg to move that the House be resumed for the Question for Short Debate. In moving the Motion, I s...

Earl Howe | 688 c713 (Link to this contribution) That is very welcome. With that, it is probably time to bring this part of the debate to an end. Cl...

Lord Warner | 688 c712 (Link to this contribution) The logic flows along the lines that somebody might be released earlier under a CTO than they might ...

Earl Howe | 688 c712 (Link to this contribution) Perhaps not in that case, but there is a whole range of conditions that can be applied, as we have h...

Lord Hunt of Kings Heath | 688 c713 (Link to this contribution) Clearly I am not going to commit myself to those three conditions, but I do commit myself to engagin...

Earl Howe | 688 c712-3 (Link to this contribution) That is a very helpful clarification. As has been said, it remains to be seen how the policy will wo...

Lord Hunt of Kings Heath | 688 c711 (Link to this contribution) The noble Earl may have seen all the research that the department has found, but I am happy to write...

Earl Howe | 688 c711 (Link to this contribution) I agree with the Minister that this has been an extremely good debate and I express my appreciation ...

Lord Hunt of Kings Heath | 688 c712 (Link to this contribution) If one of the conditions of a CTO is not to take drugs in the community, can it really be described ...

Earl Howe | 688 c711-2 (Link to this contribution) I am grateful to the Minister for that. If in doing that he can respond to the issue raised bythe no...

Baroness Meacher | 688 c710 (Link to this contribution) Does the Minister believe that a psychologist or a nurse could be adequately trained to assess a psy...

Lord Hunt of Kings Heath | 688 c710-1 (Link to this contribution) Of course, if such a decision were made arbitrarily without the benefit of advice or discussion with...

Baroness Barker | 688 c707-8 (Link to this contribution) I have a couple of additional points. Most of the points have been made, but I want strongly to back...

Baroness Meacher | 688 c704-7 (Link to this contribution) This is the one amendment on which I want to make a short contribution. In principle I welcome the G...

Baroness Masham of Ilton | 688 c704 (Link to this contribution) CTOs could be useful for people coming out of prison or hospital who have a serious long-term illnes...

Lord Warner | 688 c701-4 (Link to this contribution) It is with some humility that I follow that speech. I pay tribute to the courage of the noble Barone...

Baroness Murphy | 688 c697-701 (Link to this contribution) I added my name to thosewho oppose the clause because I am concerned that the Committee is sleepwalk...

Lord Carlile of Berriew | 688 c697 (Link to this contribution) I wish to add a few words to what has been said. In my view, the noble Earl has made a very strong c...

Lord Williamson of Horton | 688 c694-5 (Link to this contribution) I thank the Minister for that reply. We are always very grateful to hear that the Minister will give...

Lord Hunt of Kings Heath | 688 c708-10 (Link to this contribution) We have had an interesting and useful discussion and I am grateful to the noble Earl, Lord Howe, for...

Lord Hunt of Kings Heath | 688 c693-4 (Link to this contribution) It is like old times to be discussing independent advocacy, as it will be with patient and public in...

Lord Patel of Bradford | 688 c690-3 (Link to this contribution) I support the noble Lord, Lord Williamson of Horton, and will elaborate on some of his points. The M...

Bishop of Ripon and Leeds | 688 c693 (Link to this contribution) I, too, strongly welcome these amendments, which seek to reinstate one of the best features of the 2...

Baroness Gibson of Market Rasen | 688 c682-4 (Link to this contribution) moved Amendment No. 35: 35: Schedule 2 , page 46, line 32, at end insert— ““( ) After subsection (...

Earl Howe | 688 c684 (Link to this contribution) I am very much in sympathy with the amendments tabled by the noble Baroness, Lady Gibson. The needs ...

Baroness Walmsley | 688 c684-6 (Link to this contribution) I have added my name to the amendments, because I am as concerned as the noble Baroness, Lady Gibson...

Baroness Royall of Blaisdon | 688 c686-7 (Link to this contribution) Amendment No. 35 would ensure that the needs of any child under the age of 18, residing with a patie...

Baroness Walmsley | 688 c687 (Link to this contribution) If the social services do not know about the children’s situation because the health professionals h...

Baroness Royall of Blaisdon | 688 c687-8 (Link to this contribution) Indeed, we have to have much more joined-up working, as the noble Baroness said earlier, between soc...

Baroness Gibson of Market Rasen | 688 c688 (Link to this contribution) I thank noble Lords who have taken part in this debate. It was heartening for me to hear the spokesp...

Lord Williamson of Horton | 688 c688-90 (Link to this contribution) moved Amendment No. 38: 38: After Clause 24 , insert the following new Clause— ““Independent menta...

Baroness Gardner of Parkes | 688 c682 (Link to this contribution) I thank the Minister for those comments. They will be very valuable to the people concerned, who wer...

Baroness Gardner of Parkes | 688 c680-1 (Link to this contribution) moved Amendment No. 33B: 33B: Schedule 2, page 46, line 9, leave out ““on their behalf”” and inser...

Baroness Royall of Blaisdon | 688 c681-2 (Link to this contribution) Amendment No. 33B seeks to amend Section 13 of the Mental Health Act which deals with approved socia...

Baroness Meacher | 688 c674-5 (Link to this contribution) As the chairman of a mental health trust, I am very aware of the difficult position in which approve...

Baroness Gardner of Parkes | 688 c675-7 (Link to this contribution) I shall speak to Amendment No. 33A. I had not intended to take part in this Bill as I consider that ...

Earl Howe | 688 c673-4 (Link to this contribution) moved Amendment No. 33: 33: After Clause 20, insert the following new Clause— ““Effect of applicat...

Baroness Royall of Blaisdon | 688 c678-9 (Link to this contribution) I understand that position and will come back to it. Essentially, we believe that these are service ...

Earl Howe | 688 c680 (Link to this contribution) We are under a self-imposed time constraint, so I do not propose to reply at length. I thank noble L...

Baroness Royall of Blaisdon | 688 c677 (Link to this contribution) Amendments Nos. 33 and 33A both address how local services work together to ensure patients’ safe an...

Lord Hunt of Kings Heath | 688 c672-3 (Link to this contribution) The context in which both the Scottish legislation and the 2004 Bill operate is entirely different f...

Baroness Masham of Ilton | 688 c673 (Link to this contribution) To clarify, does ““nearest relative”” include a husband, wife or partner?

Lord Hunt of Kings Heath | 688 c673 (Link to this contribution) I refer the noble Baroness to Section 26 of the 1983 Act, which says: "““In this Part of this Act ‘r...

Lord Williamson of Horton | 688 c673 (Link to this contribution) I am grateful to the Minister for his reply. Although the two amendments are different, he covered t...

Lord Hunt of Kings Heath | 688 c669-71 (Link to this contribution) It has been a very interesting debate. The noble Lord, Lord Williamson—who I am delighted to hear is...

Baroness Barker | 688 c671 (Link to this contribution) Will the Minister explain why that should be the case in mental health treatment any more than it is...

Lord Hunt of Kings Heath | 688 c671 (Link to this contribution) This has been a consistent part of mental health legislation usage, and the circumstances particular...

Baroness Neuberger | 688 c671 (Link to this contribution) Why has the Minister not taken on board the extent to which family dynamics can affect the issue? As...

Baroness Murphy | 688 c668-9 (Link to this contribution) I support the amendment proposed by the noble Lord, Lord Williamson of Horton. All he is really aski...

Earl Howe | 688 c695-7 (Link to this contribution) In Clause 25 and the other clauses and schedules grouped here, we have reached what is perhaps the f...

Lord Hunt of Kings Heath | 688 c652-4 (Link to this contribution) This has been a short introduction to the next group. Clearly there are important issues in relation...

Baroness Meacher | 688 c677-8 (Link to this contribution) There is no suggestion inthe amendment that there would be a change in the method or process. The AM...

Lord Patel of Bradford | 688 c667-8 (Link to this contribution) I add my support to Amendments Nos. 32 and 40, but I will speak mainly to the latter, as the noble B...

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