§ Lord Mottistoneasked Her Majesty's Government:
Whether they intend to amend Sections 7(2)(b) and 136(1) of the Mental health Act 1983 in their new Mental Health Bill specifically to conform to the 1993 code of practice and to accord with relevant points made in a recent Department of Health guardianship discussion paper and the Ritchie Report.
§ The Parliamentary Under-Secretary of State, Department of Health (Baroness Cumberlege)The main purpose of our Mental Health Bill will be to introduce a new power of supervised discharge to ensure that formerly detained patients who most need support in the community receive the after-care services provided for them. Supervised discharge will incorporate some of the features of the existing guardianship powers. We hope that its direct link with the care programme approach and more clearly defined legal powers will make it more readily acceptable to health care professionals. We are at present analysing the comments received on the discussion paper on guardianship and will publish the results in due course.
The recommendations in the Ritchie Report about Section 136 procedures are being followed up by my right honourable friend the Secretary of State for the Home Department.
§ Lord Mottistoneasked Her Majesty's Government:
Whether they intend to amend Section 72 of the Mental Health Act 1983 in their new Mental Health Bill specifically to meet the criticisms of the operation of the mental health review tribunals made on 16th January 1995 in a ministerial statement on the Georgina Robinson Inquiry.
§ Baroness CumberlegeThe main purpose of our Mental Health Bill will be to introduce a new power of supervised discharge to ensure that formerly detained patients who most need support in the community comply with their after-care plan. Section 72 of the Act will be amended to allow for appeals against supervised discharge, but we have no plans for any other legislative change to mental health review tribunal procedures. We attach great importance to effective management of the tribunal service and have taken initiatives to reduce delays and extend training and the provision of information for tribunal members. We co-operate closely with the Council on Tribunals on these matters and this is fully recorded in its latest annual report.