HC Deb 29 January 2004 vol 417 cc472-3W
Mr. Drew

To ask the Secretary of State for Health if he will make a statement on his plans to propose the introduction of a new definition of dual diagnosis into statute. [151788]

Ms Rosie Winterton

The Government have no plans to introduce a new definition of dual diagnosis into statute. Under the draft Mental Health Bill it is proposed that there will be a single definition of mental disorder with no exceptions or exclusions, so that people can be treated according to their individual needs.

Under the current Mental Health Act 1983 a person cannot be treated as being mentally disordered (for the purposes of the Act) solely on the ground that he is dependent on alcohol or drugs, there must be dual diagnosis of a mental illness. We believe that, in practice, these exemptions have been misunderstood and misapplied. This has meant that some people have not received the compulsory treatment which they need to prevent them from harming themselves or others.

The intention of proposals in the draft Mental Health Bill is that strict conditions will ensure the powers are only used where the nature or degree of mental disorder requires treatment under the care of a mental health consultant; appropriate treatment is available for the individual patient and there is a risk to self or others that warrants such treatment. This will mean that there is no artificial barrier to people being treated under compulsory powers when this is necessary because the conditions in the Bill are satisfied.

In May 2002 the Department of Health published Dual Diagnosis Good Practice Guide. The guide reaffirms dual diagnosis as a priority for mainstream mental health services and emphasises the need for them to work in partnership with other agencies, such as substance misuse services and drug action teams.