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Mental care bill back in Commons Mental care bill back in Commons
(about 3 hours later)
MPs are debating controversial moves to allow mentally ill people in England and Wales to be detained even if they have not committed crimes. MPs are debating controversial moves to allow mentally ill people in England and Wales to be detained, even if they have not committed crimes.
Ministers say the changes, being debated in the Commons over the next two days, balance the need for treatment with public safety. Minister Rosie Winterton has outlined amendments made to the Mental Health Bill, in an effort to get it through Parliament after years of wrangling.
But critics complain that the measures could result in too many people being locked up unnecessarily. She says the changes, being debated by MPs over two days, balance the need for treatment with public safety.
But some say they will lead to too many people being locked up unnecessarily.
Ministers have been trying to update mental health legislation since 1998.Ministers have been trying to update mental health legislation since 1998.
After a string of defeats in the House of Lords, the government has given some ground on the bill, which amends the Mental Health Act 1983.After a string of defeats in the House of Lords, the government has given some ground on the bill, which amends the Mental Health Act 1983.
Advocacy rightAdvocacy right
Opening the debate, Mental Health Minister Rosie Winterton pledged to consult "very fully" on the bill, and outlined new plans to give people detained under mental health laws, access to advocacy services. Opening the debate, Mental Health Minister Rosie Winterton pledged to consult "very fully" on the bill, and outlined new plans to give people detained under mental health laws access to advocacy services.
"Patients must know they have a right to advocacy and we have provided that they are told both orally and in writing," she said."Patients must know they have a right to advocacy and we have provided that they are told both orally and in writing," she said.
She also told MPs concerned that the bill would allow under-18s to be held in adult institutions, that they would have to be treated in "age appropriate settings".
We must make sure we have a bill that does address, as well as getting treatment of people, the issues of public safety Rosie WintertonHealth ministerWe must make sure we have a bill that does address, as well as getting treatment of people, the issues of public safety Rosie WintertonHealth minister
And if under-16s were held, they would not be expected to be there for more than 48 hours and local health managers and the Department of Health would have to be notified, she said.
But she said ministers would not back down on plans to allow doctors to issue supervised community treatment orders, which would force patients to take medicine and place them under detention if required.But she said ministers would not back down on plans to allow doctors to issue supervised community treatment orders, which would force patients to take medicine and place them under detention if required.
Community treatment orders are designed to ensure that patients receive treatment to prevent the risk of harm to their health or safety, or to protect other people. The aim is to ensure that patients receive treatment to prevent the risk of harm to themselves or to protect other people.
Speaking ahead of the debate, health minister Rosie Winterton told BBC News the orders would be subject to strict conditions.
'Unpopular bill''Unpopular bill'
"We have said those conditions must be conditions which relate to the treatment of the patient and also are there either for the protection of themselves or others." Speaking ahead of the debate, health minister Rosie Winterton told BBC News the orders would be subject to strict conditions.
She added: "We must make sure we have a bill that does address, as well as getting treatment of people, the issues of public safety."
Despite concessions the Conservatives, the Liberal Democrats and some backbench Labour MPs are still likely to vote against the bill.Despite concessions the Conservatives, the Liberal Democrats and some backbench Labour MPs are still likely to vote against the bill.
HAVE YOUR SAY In a democracy, people are innocent until proven guilty, which includes the mentally ill Julie, US Send us your comments
Concerns include the need for guidance on who can decide when to impose community treatment orders.Concerns include the need for guidance on who can decide when to impose community treatment orders.
HAVE YOUR SAY In a democracy, people are innocent until proven guilty, which includes the mentally ill Julie, US Send us your comments
Shadow health minister Tim Loughton said: "Labour have failed to listen to psychiatrists who warned that this unpopular bill will leave vulnerable mental health patients without access to treatment."Shadow health minister Tim Loughton said: "Labour have failed to listen to psychiatrists who warned that this unpopular bill will leave vulnerable mental health patients without access to treatment."
During the debate he said he welcomed the move to introduce advocates, but needed to be convinced it would be adequately funded and not just a "token effort". But during the debate he said he welcomed the move to introduce advocates, but needed to be convinced it would be adequately funded and not just a "token effort". And he welcomed proposals on the treatment of under-18s.
'Institutional racism' Independent MP Richard Taylor said that there was a "gap" in the bill about the need for consultation with patients, family and carers before a community treatment order was made.
Liberal Democrat Sandra Gidley said a disproportionate number of ethnic minority patients were sectioned and asked what the government was doing to acknowledge and address "institutional racism" in mental health services. 'Allay fears'
And while Liberal Democrat MP John Pugh said he was not against community treatment orders in principle, he said there were some "real dangers".
Mr Pugh said the legislation should require evidence that it was likely the "voluntary route" would not work and the "involuntary route" would, in order to "allay fears".
The bill would also give the victims of violent mental health offenders the chance to be informed when their attacker is to be released from hospital after treatment for mental illness.
The shake-up in the law has been driven by Michael Stone's 1998 conviction for the murders of Lin and Megan Russell.The shake-up in the law has been driven by Michael Stone's 1998 conviction for the murders of Lin and Megan Russell.
Stone was regarded as a dangerous psychopath and it had been assumed he was not held under mental health powers because his condition was considered untreatable.Stone was regarded as a dangerous psychopath and it had been assumed he was not held under mental health powers because his condition was considered untreatable.
This was subsequently found not to be the case as he was receiving treatment but gaps in his care meant he was not given the correct treatment.This was subsequently found not to be the case as he was receiving treatment but gaps in his care meant he was not given the correct treatment.
Ministers have made some concessions on other aspects of the bill.
Concern had been raised that the bill would allow patients under 18 to be held in adult wards.
The government has now said the bill will contain a clause saying they will be required to be treated in "age-appropriate settings".
And the victims of violent mental health offenders will be given the chance to be informed when their attacker is to be released from hospital after treatment for mental illness.