§ 6.45 p.m.
§ Mr. GalbraithI beg to move, in page 19, line 42, at the end to insert:
(2) Except in the case of a recommendation to which the next following section refers, an emergency recommendation shall not be made unless, where practicable, the consent of a relative or of a mental health officer has been obtained; and the recommendation shall be accompanied by a statement that such a consent as aforesaid has been obtained or, as the case may be, by a statement of the reasons for the failure to obtain that consent.The effect of this Amendment is to require the consent of a relative, not necessarily the nearest relative, or of the mental health officer to be obtained before an emergency recommendation is made, if this is practicable. The Amendment ensures also that the recommendation will be accompanied by a statement showing whether such consent has been obtained or the reason why it was not obtained. These provisions, however, do not apply in a case where a patient is voluntarily in a hospital when the emergency recommendation has to be made.The Amendment meets an undertaking which I gave in Committee, and I recommend its acceptance.
§ Miss HerbisonThis matter was raised by my hon. Friend the Member for Kilmarnock (Mr. Ross), who is attending an important committee at present, and by my hon. Friend the Member for Edinburgh, East (Mr. Willis). Again to safeguard the interests of the patient, it was felt that wherever it was at all possible a relative or the mental health officer should be concerned here. I am very glad to see the second part of the Amendment which provides that the recommendation shall be accompanied by a statement showing that such consent has been obtained or, if not, the reasons why it has not been given. That is just about the greatest safeguard in this instance which we can have.
§ Amendment agreed to.
§ Mr. GalbraithI beg to move, in page 20, line 3, at the end to insert:
(4) Where a patient is admitted to a hospital in pursuance of this section, it shall, where practicable, be the duty of the board of management without delay to inform the nearest relative of the patient and, except in the case of a patient referred to in the next following section, some responsible person residing with the patient.745 The effect of this Amendment is to require the board of management of a hospital to which a patient is admitted on an emergency recommendation to inform where practicable the nearest relative of the patient and some responsible person residing with the patient. The duty to inform the nearest relative applies whether the patient was actually admitted on the emergency recommendation or whether he was already in the hospital under informal arrangements. The duty to inform some responsible person residing with the patient applies only where the patient was admitted in an emergency on the emergency recommendation.The Amendment meets points which were raised in Committee, and I recommend its acceptance.
§ Amendment agreed to.