The British Government has today published a revised draft Mental Health Bill. The Bill will be subject to pre-legislative scrutiny by a parliamentary committee, which has been asked to present its report by the end of March 2005.
This revised Bill is the biggest reform of mental health legislation since the 1950's. It will provide improved safeguards for patients and better procedures for treatment to the small minority of people with mental health problems who need to be treated against their will to prevent them from harming themselves.
It also provides a diversion from prison for non-dangerous offenders with mental health problems and provides better protection to the public from those who are deemed a risk to others, by ensuring they receive the treatment they need.
Health Minister, Rosie Winterton, said:
"The revised Bill represents the first major overhaul of the legislation since the 1950s and is an integral part of the Government's wider strategy to improve mental health services for all; reflecting developments in human rights law and providing a legal framework in line with modern services and treatments.
"We have held extensive discussions with stakeholders since we published a draft Bill for consultation in 2002 and we believe that we now have a Bill that puts a new focus on the individual, allowing compulsory powers to be used in ways that fit with patients' changing needs.
"One of the fundamental aims of the Bill is to help make community care work for the people who need it most. Patients in the community who are ill and vulnerable or at risk will now be able to get the treatment they need.
"Safeguards for patients will also be greatly strengthened with choice of representative, access to advocacy and all use of compulsory treatment beyond 28 days having to be authorised by a new independent Mental Health Tribunal.
"People will only be subject to treatment under the Bill if they are at risk of harm to themselves or others. The bill means that the small minority of people with mental health problems who need to be treated against their wishes, normally for their protection but occasionally to protect the public, will get the right treatment at the right time.
"To make sure we get the legislation right we have asked a Joint Parliamentary Committee to scrutinise the draft Bill, and we look forward to receiving their report."
Home Office Minister, Paul Goggins, said:
"The provisions that enable dangerous and serious offenders to be detained in hospital for mental health treatment will stay in place. The vast majority of people with mental disorders are not a risk to others, but a minority are - and the law obviously needs to recognise this.
"We will not compromise public safety. If we are to protect the public we must ensure that those with a mental disorder who are a risk to others receive the high quality mental health treatment they need. The Bill will help to achieve this.
"It also enables non-dangerous offenders who do not pose a risk to others to receive mental health treatment under sanction in the community. This means that the offender will receive the mental health treatment he or she needs to reduce the risk of re-offending."
National Director for Mental Health, Louis Appleby, said: