§ 1. Mr. Proctorasked the Secretary of State for Social Services if he will make a statement on the progress of the implementation of the Mental Health Act 1982.
§ The Minister for Health (Mr. Kenneth Clarke)The Mental Health (Amendment) Act 1982 was consolidated with the 1959 Act into the Mental Health Act 1983, almost all of which was implemented on 30 September this year. The various orders and regulations that were required under the Act were made in the early summer and a full memorandum of guidance, new forms and leaflets for patients and their relatives were distributed during the summer. The Mental Health Act Commission has commenced work and has been undertaking visits, investigating complaints and providing second opinions required under the Act.
§ Mr. ProctorAs, on 29 September, 316 people were in prison and yet, under the definition in the Act, were suffering from mental disorder, will my hon. and learned Friend try to achieve speedy implementation of sections 35 and 36, which relate to remands to hospitals for reports and treatment, and of section 38, which deals with interim hospital arrangements?
§ Mr. ClarkeI share my hon. Friend's anxiety about the problems to which he has drawn attention. The Government are anxious to implement those parts of the Act. We shall consult the relevant authorities about the appropriate procedures to do that in the near future.
§ Mr. Kilroy-SilkDoes the Minister agree that it is utterly inappropriate that, at any one time, some 200 mentally disordered offenders are in prison when they would more appropriately be dealt with in hospital? What progress does he expect to make in removing them from prison and removing from special hospitals people who are awaiting transfers to National Health Service psychiatric hospitals?
§ Mr. ClarkeThe prison medical service and the Government are trying to achieve an improvement in both respects. I entirely share the anxiety that is felt about the matter. It is wrong that there are people in prison who should be receiving treatment in hospital. We have already brought into effect the provisions which oblige regional 818 health authorities to help courts which want to place a mentally disordered offender. We must now implement the other provisions which my hon. Friend the Member for Billericay (Mr. Proctor) mentioned.
§ Mr. JannerWill the Minister take note of section 2 (2), which excludes drug abusers? Will he amend the Act, or introduce new legislation, to ensure that the appropriate penalty, which was imposed on the Scottish brothers yesterday for pushing glue solvents, will be available in the rest of the United Kingdom, so that the evil merchants of death can be dealt with? Does he agree that young people should not be sent to hospital because other people are not in prison where they belong?
§ Mr. ClarkeThe problem of what is known as solvent abuse—glue sniffing—falls outside the legislation. My hon. Friend the Under-Secretary of State for Health and Social Security has been studying closely the problem of glue sniffing and hopes to make a statement in due course. I share the hon. and learned Gentleman's anxiety about the problem.