§ Mr. Ashtonasked the Secretary of State for Social Services whether he will introduce legislation to exempt nurses in special hospitals from prosecution, after restraining violent patients, providing an independent tribunal set up by his Department is satisfied no other course of action was available, and providing the nurse complied with a code of conduct laid down by his Department.
§ Mr. Patrick JenkinI have some sympathy with the anxieties which are felt by nurses in special hospitals on this subject, but I am satisfied that it would not be right to exempt nurses in special hospitals, or any other group, from the general provisions of criminal law. Section 141 of the Mental Health Act already provides that criminal proceedings (other than for an offence under that Act which can be instituted only by or with the consent of the Director of Public Prosecutions) shall not be brought against any person in respect of any act done or purporting to be done in the discharge of functions conferred by the Mental Health Act without the leave of the High Court. The section further provides that the High Court shall not give such leave unless satisfied that there is substantial ground for the contention that the person concerned has acted in bad faith or without reasonable care.
The House of Lords has made it clear that this section covers actions performed in the course of control of detained patients. There is therefore already scrutiny by an Independent tribunal under rules which give nurses substantially greater protection than that suggested by the hon. Member. I would, of course, be willing to consider any reasoned proposals for the amendment of this section or any suggestions for handling incidents which involve injuries to patients.
§ Mr. Ashtonasked the Secretary of State for Social Services whether, in view of the work-to-rule dispute at Rampton hospital following the court case on 27 March, he will now negotiate with the Prison Officers Association on what levels of restraint are permissible on violent patients and how these should be carried out in an emergency.
§ Mr. Patrick JenkinOfficials from my Department have had initial talks with the Prison Officers Association at which there was a full exchange of views about these and other matters relating to the present position at Rampton. It was recognised that the restraint of violent patients raises important professional, legal and other issues. I sympathise with the strain under which staff at the hospital have been working for almost two years, but I hope that, in the interests of the patients and indeed of all concerned, including the staff themselves, normal working at the hospital will be resumed as soon as possible.