§ 37. Mr. Deedesasked the Secretary of State for the Home Department what fresh consideration he has given to his powers under the Mental Health Act, in particular Section 65 of that Act, in the light of the case of John Harold William Moon; and whether he will make a statement.
§ Mr. Roy JenkinsI share the right hon. Gentleman's concern about this case. I am not convinced that an amendment of Section 65 of the Mental Health Act is required, but I am considering whether any steps can appropriately be taken to give the courts guidance as to the exercise of their powers under it.
§ Mr. DeedesWill the right hon. Gentleman take care that the details of the case are not lost on the Department's shelves? Does not he agree that the case discloses certain deficiences in the operation of the Act if not in the Act itself? Will he be in a position to make a further statement in due course?
§ Mr. JenkinsI must make it clear that the youth involved in this very distressing case was never within my care. He was never committed to the care of a 904 Home Office establishment. The power to do so was with the court but it chose not to exercise it.