§ Mr. Moonmanasked the Secretary of State for Social Services what further consideration has been given to the amendment of the Mental Health Act 1959.
§ Mr. EnnalsI am sure that the time has now come for us to consider legislating to amend the 1959 Act. With this as the objective a consultative document seeking views on the main areas covered by the Mental Health Act 1959 is being published by HMSO today.
The 1959 Act, which applies to England and Wales only, marked a significant change in policy towards the mentally disordered; in particular, it limited the use of compulsory powers of admission and detention of patients and aimed to ensure that as far as possible the mentally disordered were treated in the same way as other patients.
The Act is generally accepted as having been enlightened and forward-looking, but it has of necessity been considerably amended in the course of the last 10 years—especially as regards the parts dealing with local authority services, the education of mentally handicapped children, and private nursing homes. And it now seems appropriate to review, in the light of the considerable changes there have been in the mental health field during 926W the past 16 years, those central parts of the Act which concern the use of compulsory powers, the rights of detained patients, and the safeguards afforded to them and to the staff who have to operate those powers.
The consultation document is the work of an interdepartmental committee of officials comprising representatives of the Department of Health and Social Security, the Home Office, the Lord Chancellor's Department and the Welsh Office with observers from the Scottish Home and Health Department and the Department of Health and Social Services, Northern Ireland. The committee has had before it views on the working of the Act put forward by various bodies and individuals and, in particular, reports by the Royal College of Psychiatrists, MIND, and the British Association of Social Workers. It has also had the benefit, in relation to mentally abnormal offenders, of the report of the Butler Committee (Cmnd. 6244). The document does not cover those parts of the Act which have been repealed or which are the subject of separate and wider consideration, for example, the registration of homes for the mentally disordered. Nor does it cover matters which are the subject of other legislation, for example electoral registration.
The consultative document sets out the various changes to the Act which have been suggested and discusses their advantages and disadvantages. On issues on which a preference one way or the other emerges it points to the sorts of solution which seem most appropriate whilst on others it simply states the arguments and seeks views.
The Government's aim remains that of the 1959 Act—to achieve the best balance between the rights of individuals and the needs of society. The document therefore concentrates on issues relating to the circumstances in which it is right for society to deprive a mentally disordered person of his liberty and the conditions and safeguards under which this should be permitted. It also discusses the circumstances in which it is right to impose upon a mentally disordered patient treatment to which he has not consented or to which he is incapable of giving a valid consent. The arrangements for protecting patients against unnecessary infringement of their liberty, including 927W unnecessarily prolonged detention, are discussed; as are the arrangements for protecting staff against proceedings brought against them for actions carried out in the course of their duties under the Act. The arrangements for protecting the public against, for example, the premature discharge of detained patients into the community are also considered.
These are all very important issues and I hope that the document will give rise to a lively public debate. Copies are available in the Vote Office and are being sent to a wide range of bodies for consultation, but it is also being put on sale to the general public. We hope that all with an interest will let us have their comments. The document asks for these by 15th November but I have decided to extend this to 1st December, at the latest, to allow as much time as I can for interested organisations to formulate their views.