§ 3.20 p.m.
§ Lord Allen of Abbeydale asked Her Majesty's Government:
§ When they plan to implement Section 7 (about discharge from hospital) of the Disabled Persons (Services, Consultation and Representation) Act 1986.
§ Lord HenleyMy Lords, the Government cannot at present indicate when they will implement Section 7 as they are still in discussion with the local authority associations about the cost.
§ Lord Allen of AbbeydaleMy Lords, I am not sure whether or not to thank the noble Lord for that reply. Is he aware that on 8th July we shall see the third anniversary of the failure to implement this section? Are the statements in today's newspapers true that the Government are slowing down the discharge of patients into the community from long-stay mental hospitals? Does it mean that the Government have at last realised that their avowed policy of care in the community compared with care in hospitals cannot be carried out without the powers of assessment and notification provided in this section for this precise purpose?
§ Lord HenleyMy Lords, yes, I am aware that 8th July will be the third anniversary of this section being passed. However, the Government made it clear from the outset that implementation of the Act could take place only as the necessary resources were identified and made available. On discharges from hospitals, as I said on another occasion, it is for consultant psychiatrists advised by professional colleagues to decide whether a patient could benefit from a move to more independent living outside hospital or whether he needs continuing in-patient care.
§ Lord Allen of AbbeydaleMy Lords, can the Minister say whether or not the reports in today's newspapers are true?
§ Lord HenleyMy Lords, I have not seen those reports. I shall have to let the noble Lord know.
§ Lord EnnalsMy Lords, bearing in mind that the unimplemented sections of the Act—namely, Sections 1, 2, 3, 7 and 11—are fundamental to the provision of community care, is consultation with regard to these sections being undertaken in association with the current Government's review on the Griffiths Report which we are very anxious to see published?
§ Lord HenleyMy Lords, I am well aware that the noble Lord would like to see our response to the Griffiths Report. I can only repeat that our response will be coming soon.
On the other sections, as required by Section 11, a report will be laid before the House before the end of this year. We accepted the view of the local authority associations that work on Section 7, which is now in hand, should take priority over detailed work on the remaining sections; that is, Sections 1, 2 and 3.