§ 11. Mr. Proctorasked the Secretary of State for Social Services if he will make a statement on the implementation of the Mental Health Act 1983.
§ Mr. Kenneth ClarkeImplementation of the Mental Health Act is continuing in a satisfactory manner. Sections 35, 36 and 38 of the Act, which provide for remands by criminal courts to hospital for assessment and interim hospital orders, were implemented on 1 October 1984.
§ Mr. ProctorRegarding sections 35, 36 and 38 of the Act, will my right hon. and learned Friend tell the House how many representations he received from regional health authorities and the nature of the responses to the consultative document which his Department circulated in March?
§ Mr. ClarkeWe consulted all the regional health authorities on the proposal to increase the powers available to the courts when dealing with offenders who might be mentally ill. Nine of the health authorities were in favour of our going ahead, but the other five had reservations, especially about their ability to provide the service in their regions and its resource implications. Ministers were anxious to get on with that part of the Act because we believe that the mentally ill should be treated in hospital wherever possible and we do not wish the courts to have to send sick people to prison. Therefore, we brought the proposals into effect and the courts must accept that the ability to provide the service will vary across the country. However, all regions must continue to try to provide the facilities required.