§ Miss Fookesasked the Secretary of State for the Home Department if he has assessed the implications of the judgment delivered by the European Court of Human Rights on 5 November 1981 in the case of X v the United Kingdom and the passage of the Mental Health (Amendment) Act 1982, on the application of mental health legislation; and if he will make a statement.
§ Mr. WhitelawI am aware that questions have been raised about the effect of the court's judgment and of the Act on the power to make restriction orders in respect of mentally disordered offenders under section 65 of the Mental Health Act 1959. The power to make such orders—in cases requiring the protection of the public from serious harm—is not, however, diminished by the European Court's judgment or by the changes to be made 419W from 30 September by the Mental Health (Amendment) Act 1982. More than 130 restriction orders were made during 1982.