November 26, 2003

Government ministers have announced that a revised draft mental health bill will be scrutinised in parliament - despite the draft bill being omitted from the Queen's Speech today

Ministers have also promised to work with stakeholders - including the Royal College of Psychiatrists and the British Psychological Society - to develop a code of conduct on how proposed new mental health law should be applied in practice.

They also said research would be launched to examine how extended powers of compulsion, outlined in the draft bill, might be used.

Despite a huge array of concerns about the draft bill health minister Rosie Winterton said many such concerns were "misperceptions".

Ms Winterton added: "Following our consideration of the responses to the consultation on the draft bill, we have been road-testing aspects of the bill with stakeholders to try to move forward together.

"I want to work with stakeholders as we develop the code of practice, which will provide guidance on how the act should be applied.

"I also want to set up a programme of monitoring and research into the use of compulsion, which I believe will address the fears about the bill."

Health Secretary John Reid said: "I am pleased to be able to say that a revised bill will be brought forward for pre-legislative scrutiny as soon as possible."

This "pre-legislative scrutiny" is expected to be carried out by committee made up of members from the House of Commons and the House of Lords. It will draw up a report for the government.

Paul Farmer, chairman of the Mental Health Alliance (MHA), which brings together 50 organisations opposed to the draft bill, welcomed moves to submit the bill to pre-legislative parliamentary scrutiny.

Mr Farmer said: "The decision is an important sign that ministers have listened to the Mental Health Alliance members, service users and carers who have strong concerns about the current draft mental health bill.

"We hope this will be reflected in the new draft bill when it is published. However, we must wait until we see if the new bill contains significant revisions capable of achieving a broad consensus."

Mr Farmer added: "The alliance looks forward to working with the government and with parliament to produce a twenty-first century mental health bill that balances the rights of individuals with concerns about public safety.

"We are concerned, however, that the government has not announced plans to press ahead with the mental incapacity bill. By establishing the concept of capacity in law, this bill is an important foundation for modern mental health legislation."

See also:
July 28: Louis Appleby promises that changes to the draft mental health bill will meet the approval of psychiatrists and other professionals - the national director for mental health also hints that broader criteria for detention will be included in the bill. As for the new health minister Rosie Winterton...she claims the bill will be 'patient-centred'
June 11: Psychiatrists say government should "hang its head in shame" over plans to extend powers of compulsory detention of mentally ill - but they are more upbeat about plans to be given discretion when making orders.

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