§ Mr. Cohenasked the Secretary of State for the Home Department what procedures exist for non-British citizens resident in the United Kingdom who have been certified under the Mental Health Acts to consult independent representatives before arrangements are made by the relevant health authorities prior to their removal from the United Kingdom.
§ Mr. MellorI assume that the hon. Member is referring to section 86 of the Mental Health Act 1983, under which a patient who is detained in hospital under certain provisions of that Act or of the Mental Health Act (Northern Ireland) 1961 for treatment for mental illness, and who is neither a British citizen nor a Commonwealth citizen with the right of abode in the United Kingdom, may be removed from the United Kingdom. Before exercising this power my right hon. and learned Friend must be satisfied that such removal is in the interests of the patient and obtain the approval of a mental health review tribunal. The patient will be given the opportunity to make his views known to the tribunal, and may have access to legal representation in doing so.