COMMONS AMENDMENT (Hansard, 18 July 2000)

§ Lord Hunt of Kings Heath
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 8. In moving this amendment, I shall speak also to Amendments Nos. 11, 193 and 197.
This is a minor change to the Bill but an important one. It was identified during the Committee stage in another place that the Bill's definitions had a slightly odd way of covering people with learning disability. In Clause 100, the definitions worked together in such a way that a learning disabled person was included within the overall definition of "illness". As was pointed out during the Committee stage in another place, learning disabled people are not ill and to describe them as such was not only inaccurate but might be taken to be offensive.
934 It is quite right that "illness" is defined in Clause 100 in such a way as to include mental disorder and that "mental disorder" is defined as including, arrested or incomplete development of mind", which would be taken to cover learning disabilities. On reflection, we felt that it was an important point to tackle and that even though the effect of the legislation was not in question, the terms in which it had that effect were not satisfactory.
Amendment No. 193 therefore removes mental disorder from the definition of illness in Clause 100. Amendments Nos. 8 and 11 are simply consequential on that change. The amendments have the effect of separating out mental disorder from illness and listing it separately in its own right.
Amendment No. 197 has the effect of including mental disorder in the definition of disability in Clause 100. Since we were looking again at the definitions, my right honourable friend Mr John Hutton gave a commitment on the last day of the Committee stage in another place to look more widely at the definition of disability to see whether the wording could be improved while retaining the same meaning. The definition in Clause 100(2)(a) is the one used for all social care legislation since the National Assistance Act 1948. But the language shows its age, and Amendment No. 197 represents an updated form of the same definition. It is drawn from the Housing Grants, Construction and Regeneration Act 1996 and is, I believe, an improved version of the wording without affecting the meaning of the definition.
Moved, That the House do agree with the Commons in their Amendment No. 8.—(Lord Hunt of Kings Heath.)

§ Baroness Barker
My Lords, as the noble Lord, Lord Rix, is not present, I wish to thank the Minister on the noble Lord's behalf. The noble Lord drew the point to our attention and I am glad that it has been taken on board. I want to ask a question about Amendment No. 197. The Minister referred to mental disorder. Does that include conditions such as dementia and Alzheimer's? There is a crucial distinction. People living in care homes suffer from many forms of mental disorder. It is important that we make a distinction between different people who may be at different stages of their lives and suffering from different conditions.

§ Lord Hunt of Kings Heath
My Lords, my understanding is that the term "mental disorder" comes from Section 1 of the Mental Health Act and includes mental impairment, which is the term usually used for learning disability. My assumption is that it embraces the area raised by the noble Baroness. If I am wrong about that, I shall write to her.

§ Lord Clement-Jones
My Lords, perhaps I may offer the Minister an alternative. Clause 100(2), taken with Amendment No. 197, deletes paragraph (a) but keeps paragraph (b). It may be that that is where the relationship with dementia and Alzheimer's is found. 935 It is extremely important that Alzheimer's and dementia are covered as so many of those who occupy care homes are—and the number will increase—sufferers from Alzheimer's and dementia.

§ Lord Hunt of Kings Heath
My Lords, my assumption is that the terms will fall within the definition of "mental illness" and thus will be appropriately covered. However, as I have said, if further clarification is needed here, I shall be happy to give it.
On Question, Motion agreed to.