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Mental health law plan challenged Mental health law plan challenged
(about 4 hours later)
The government is facing the prospect of House of Lords defeat over controversial plans to lock up some mentally ill people. Ministers face defeat in the House of Lords over plans to allow mentally ill people to be detained even if doing so would not benefit their condition.
The Mental Health Bill would mean people with severe personality disorders would be confined if judged to be a threat to themselves or others. The Mental Health Bill would mean people with severe personality disorders could be confined if judged to be a threat to themselves or others.
Critics have argued that the measures are too draconian. The bill would also allow compulsory treatment in the community.
The Conservatives and Liberal Democrats will come together to demand a string of amendments. Critics argue the measures are too draconian and could lead to people not coming forward for treatment.
The bill would allow the enforced detention of people who are mentally ill, even if they have not committed any crime. Conservative, Lib Dem and non-aligned peers have jointly tabled a series of amendments to the plans, so are expected to be able to defeat the government.
And it would strengthen powers, established in 1983, to ensure patients have therapy once they are released back into the community. The slimmed-down Mental Health Bill is the latest in a series of attempts by the government since 1998 to change the laws.
At the moment people cannot be detained against their will - even if they are a danger to themselves or others - if that detention and treatment could not be shown to benefit their condition.
Public protection
The government wants to change those rules so people could be detained and treated if medical treatment, which is appropriate to the patient's mental disorder "and all other circumstances of their case", is available.
Also controversial is the plan to bring in supervised community treatment, which aims to ensure patients comply with their treatment once they are discharged from hospital.
Health Minister Lord Warner has said the aim of the bill is to protect the public and patients from harm.Health Minister Lord Warner has said the aim of the bill is to protect the public and patients from harm.
Between 55 and 60 murders a year are committed by mentally ill patients. Michael Stone's 1998 conviction for the murders of Lin and Megan Russell first prompted the government to propose new laws. Stone was regarded as a dangerous psychopath but, because his condition was untreatable, he could not be held under mental health powers.
The bill was promised in the Queen's Speech and comes after previous attempts to change the existing Mental Health Act were thwarted by opposition from campaigners and some doctors. The bill comes after previous attempts to change the existing Mental Health Act 1983 were abandoned in the face of opposition from mental health campaigners and some doctors.
They object, among other issues, to the bill being too occupied with public safety rather than the needs of the people who might require help.
Concessions
Liberal Democrat peer Lord Carlile told BBC Radio Five Live the government had ignored recommendations and was proposing an entirely inadequate piece of legislation.
"The government is pretending that this bill will resolve the problem of some mentally-disordered people committing homicides, suicide and other serious criminal offences other than homicide.
"There is absolutely no evidence to support the government's assertion that the present bill is the right way of dealing with it, and that's why we should be listening very carefully in the House of Lords today to see if the government makes any concessions in the light of the rational debate we've already had."
The changes would affect about 14,000 of the 600,000 people who use mental health services each year.The changes would affect about 14,000 of the 600,000 people who use mental health services each year.