§ Before Clause 31, insert the following new clause:
§ .'Information as to hospitals.
§
.—(1) Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—
to furnish the court with such information as that Authority has or can reasonably obtain with respect to the hospital or hospitals (if any) in its region or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and that Authority shall comply with any such request.(2) In its application to Wales subsection (1) above shall have effect as if for any reference to any such Authority as is mentioned in paragraph (a) or (b) of that subsection there were substituted a reference to the Secretary of State, and as if for the words "in its region or elsewhere" there were substituted the words "in Wales".'.
§ 3.44 p.m.
§ Lord LyellMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 22. I hope that it will be for the convenience of the House if I also speak to Amendment No. 88. I am sure your Lordships are aware that concern was expressed in this House, and elsewhere, about the difficulties which sometimes arise in finding hospital places for mentally disordered people who appear before the courts. Governments of both complexions have sought over the years to resolve these difficulties, and there are signs that efforts to educate health authorities, and professional staff, about the needs of offender patients and the responsibility of the NHS to provide for them are bearing fruit. But there is a general feeling that more needs to be done.
The Government agree with all those who have concluded that progress cannot be made by empowering the courts to direct an offender's admission to hospital. We do not believe that it should be left to the courts to try one hospital after another in search of a place. Of course, this happens only rarely at present because in the majority of cases those concerned with the offender will have made arrangements for his admission to hospital, subject to the court's decision, before the case is even heard. It is very often the prison medical officer who makes these arrangements. But where such arrangements have not been made the court will need advice of what suitable facilities are available. This is properly for the regional health authority to provide since only they will have comprehensive knowledge of all that is available within the region's boundaries, and sometimes by arrangement in other regions. Amendment No. 22 therefore provides that whenever a court is minded to make a hospital order or an interim hospital order it may, if it chooses, ask the appropriate regional health authority to provide information as to the availability of suitable hospital places. Amendment No. 88 is consequential on No. 22 and simply provides that the interpretation provisions which apply in Part V of the 1959 Act apply also to Amendment No. 22. I hope your Lordships will accord the same warm welcome to these amendments as they received in the other place.
Moved, That this House doth agree with the Commons in the said amendment.—(Lord Lyell.)
§ On Question, Motion agreed to.