§ 44. Mr. Brewisasked the Secretary of State for Scotland to what extent lay representation of patients is allowed when applications for discharge are made to the Mental Welfare Commission or to the sheriff under the Mental Health (Scotland) Act, 1960.
§ Mr. MillanIt is not the practice of the Mental Welfare Commission to investigate applications for discharge by formal hearings and the question of lay representation does not, therefore, arise. The Commission itself includes lay members. In the case of appeals to the sheriff, the appellant is almost invariably represented by a solicitor.
§ 45. Mr. Brewisasked the Secretary of State for Scotland whether he will take steps to establish a Mental Health Review Tribunal to review the need for detention of mental patients in hospitals in Scotland.
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§ Mr. MillanSince there is already provision for review by the Mental Welfare Commission and by the sheriff, I see no need for a tribunal.