§ 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.
1161§ 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 GryfeBefore 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 ClashfernThis 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.