§ The Minister of State, Department of Health (Ms Rosie Winterton)The Government have today published a Mental Health Bill. This Bill will be subject to pre-legislative scrutiny. A joint scrutiny committee has been established and has been asked to present its report by the end of March 2005.
Mental health legislation sets out the circumstances in which a person can be treated for mental disorder without their consent and the safeguards they are entitled to. The vast majority of people with mental health problems do not need to be treated against their wishes but occasionally this is necessary, normally to protect themselves, but more occasionally to protect others.
It has long been recognised that the current mental health legislation, the Mental Health Act 1983, needs to be updated, in line with the development of services and of human rights law to give a greater focus on patients? needs and wishes. In 1998, the Government set up an expert committee to advise on how mental health legislation should be shaped to reflect contemporary patterns of care and treatment and to support government policy. In 2002, following a Green and a White Paper, a draft Bill was published for consultation.
Since then, the comments received on the 2002 draft have been considered in full and, following further work and meetings with stakeholders, a revised Bill has been produced. We have made changes to address the concerns expressed by stakeholders. The Bill brings the framework for the compulsory treatment of people with serious mental health disorders up to date.
This Bill needs to be considered in the context of the wider Government strategy to improve mental health services. In 1998, the National Service Framework for mental health set out national standards for the care and treatment of adults with mental disorder. The NHS Plan announced, in 2000, substantial additional investment for mental health services. As a result of the National Service Framework and the additional investment, significant improvements have been made in mental health services. This is particularly the case in relation to community-based services, such as crisis resolution and assertive outreach teams. It is important that mental health legislation is now modernised.
The Bill will provide important benefits. The Bill means that the small minority of people with mental health problems who need to be treated against their wishes, normally for their protection but occasionally to protect the public, will get the right treatment at the right time. This meets the needs of the individual patient and makes sure that the public is protected.
The Bill ensures there is no compulsion without the provision of appropriate treatment. Safeguards for patients will be greatly strengthened with a choice of representative, access to advocacy and all use of compulsory treatment beyond 28 days having to be authorised by the new independent mental health tribunal or the courts. Under the Bill, patients who are ill and vulnerable will be able to get the treatment they need in the community, including non-dangerous mentally disordered offenders who may otherwise receive a prison sentence.
119WSLegislation about compulsory treatment inevitably raises many difficult issues. There has already been much discussion about this proposed new legislation. Pre-legislative scrutiny will now allow further considered debate. We look forward to receiving the report of the scrutiny committee.
Copies of the Bill and of the explanatory notes have been placed in the Library.