HL Deb 28 February 1984 vol 448 cc1159-62

2.56 p.m.

The Lord Advocate (Lord Mackay of Clashfern)

My Lords, I beg to move that the House do now resolve itself into Committee (on re-commitment) on this Bill.

Moved, That the House do now resolve itself into Committee (on re-commitment).—(Lord Mackay of Clashfern.)

On Question, Motion agreed to.

House in Committee (on re-commitment) accordingly.

[The LORD ABERDARE in the Chair.]

Clauses land 2 agreed to.

Clause 3 [Functions and duties of the Mental Welfare Commission]:

Lord Mackay of Clashfern moved Amendment No. 1: Page 6, line 1, leave out ("(3)") and insert ("(4)").

The noble and learned Lord said: I think it may be for your Lordships' convenience if in moving Amendment No. 11 speak also to Amendments Nos. 4, 5 and 9. Amendment No. 4: Clause 48, page 38, line 23, leave out ("46") and insert ("47"). Amendment No. 5: Clause 76, page 60, line 31, leave out line 31 and insert— ("(a) section 60(2) and (3); (aa) section 61;") Amendment No. 9: Clause 121, page 88, line 43, leave out ("60 and 61") and insert ("and 60").

These are to correct internal references in clauses of the Bill to other clauses of the Bill.

Perhaps I may also mention Amendments Nos. 2, 3, 6, 7 and 8. Amendment No. 2: Clause 30, page 26, line 33, after ("section") insert ("and section 33(2) and (4) of this Act"). Amendment No. 3: Clause 46, page 36, line 17, leave out ("the last foregoing section") and insert ("section 45 of this Act"). Amendment No. 6: Clause 117, page 85, line 19, leave out ("the last foregoing subsection") and insert ("subsection (1) of this section"). Amendment No. 7: Clause 117, page 85, line 24, leave out ("the last foregoing subsection") and insert ("subsection (1) of this section"). Amendment No. 8: Clause 121, page 88, line 2, leave out ("the last foregoing section") and insert ("section 120 of this Act").

These are drafting amendments to achieve consistency in internal references within the Bill.

As regards Amendment No. 10, this inserts the appropriate subsection of the Act which Schedule 3 amends. Amendment No. 10: Schedule 3, page 99, line 11, after ("10") insert ("(1)").

Amendment No. 11 corrects a reference for a line of print which has moved from a previous entry. Amendment No. 11: Schedule 3, page 105, line 2, leave out ("section 79(5)(d)") and insert ("paragraph (2)(b) of Schedule 2").

The Amendments are all purely drafting, and I am glad to say that they have been approved by the noble and learned Lord, Lord Brightman, as Chairman of the Joint Committee on Consolidation Bills. I beg to move Amendment No. 1.

On Question, amendment agreed to.

Clause 3, as amended, agreed to.

Clauses 4 to 29 agreed to.

Clause 30 [Duration of authority: hospital]:

Lord Mackay of Clashfern moved Amendment No. 2:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 30, as amended, agreed to.

Clauses 31 to 45 agreed to.

Clause 46 [Transfer of guardianship in case of death, incapacity etc. of guardian]:

Lord Mackay of Clashfern moved Amendment No. 3:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 46, as amended, agreed to.

Clause 47 agreed to.

Clause 48 [Special provisions as to patients absent without leave: guardianship]:

Lord Mackay of Clashfern moved Amendment No. 4:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 48, as amended, agreed to.

Clauses 49 to 75 agreed to.

Clause 76 [Interpretation of Part VI]:

Lord Mackay of Clashfern moved Amendment No. 5:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 76, as amended, agreed to.

Clauses 77 to 116 agreed to.

Clause 117 [Entry on premises and warrant to search for and remove patients]:

Lord Mackay of Clashfern moved Amendment No. 6:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Lord Mackay of Clashfern moved Amendment No. 7:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 117, as amended, agreed to.

Clauses 118 to 120 agreed to.

Clause 121 [Retaking of patients escaping from custody]:

Lord Mackay of Clashfern moved Amendment No. 8:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Lord Mackay of Clashfern moved Amendment No. 9:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 121, as amended, agreed to.

Remaining clauses agreed to.

Schedules 1 and 2 agreed to.

Schedule 3 [Consequential amendments]:

Lord Mackay of Clashfern moved Amendment No. 10:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Lord Mackay of Clashfern moved Amendment No. 11:

[Printed above.]

The noble and learned Lord said: I have spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Schedule 3, as amended, agreed to.

Remaining schedules agreed to.

The Chairman of Committees (Lord Aberdare)

The Question is, That I report the Bill to the House with amendments.

Moved, That the Bill be reported to the House with amendments.—(Lord Aberdare.)

Lord Taylor of Gryfe

Before the Bill passes, I should like to state that we on these Benches are delighted to see the Bill at this stage. We regarded it in the early stages as a rather clumsy way of dealing with what called out for a new deal on mental health in Scotland, but here it is and we welcome the changes that have been included in the Bill.

I should like to make two points to the noble and learned Lord the Lord Advocate. The Bill imposes on the welfare commission and the local authorities substantial new responsibilties, and I would ask the noble and learned Lord if he has any comment on whether the funding arrangements are now appropriate for them to discharge these responsibilities.

Lord Mackay of Clashfern

This Bill is a consolidation measure. I think that the changes to which the noble Lord refers were made in the legislation which is being consolidated. But I feel certain that the arrangements for funding are suitable.

On Question, Motion agreed to.

House resumed: Bill reported with amendments.

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