Mental Health Bill
A joint committee of MPs and peers has savaged the government's draft Mental Health Bill.
The parliamentarians said introducing compulsory community treatments for psychiatric patients would contravene civil liberties.
The Bill would allow authorities to act "for the protection of other persons" on any grounds, a clause which the committee said should be tightened.
The report, released on Wednesday, called for the Bill to be radically overhauled, warning that state powers could be extended in a dangerous direction.
Party Response: Liberal Democrats
Paul Burstow MP Liberal Democrat health spokesman said: "This report is welcome. The committee has undertaken detailed work which sets out clearly the reasons why the bill should be sent back to the drawing board.
"A new Mental Health Act is desperately needed, but it must be a law to protect and improve services for patients, not a means to demonise those with mental health problems.
"In government, the Liberal Democrats would take the committee's report as the basis for drafting a new bill which safeguards the rights and welfare of people with mental health problems".
Marjorie Wallace, chief executive of mental health charity SANE, said:
Stakeholder Response: NHS Confederation
Dr Gill Morgan, chief executive of the NHS Confederation, said: "We submitted evidence to the committee raising serious concerns that this draft Bill would lead to many more people being treated against their will.
"And so it is heartening that Lord Carlile of Berriew, who chaired the committee, concludes in today’s final report that the draft Bill is ‘too heavily focused on compulsion’ which would be impossible to implement.
"We agree with the report’s finding that the government has underestimated both the cost and workforce implications of the mental health tribunals which are intended to provide the legal authority for compulsory treatment beyond 28 days."
Stakeholder Response: Depression Alliance
A spokesman for the Depression Alliance said: "Mental Health legislation should be framed around the delivery of positive mental health services and not an exaggerated perception of danger from people affected by mental illness.
"The report on the Mental Health Bill is to be welcomed as supporting the views of the vast majority of mental health experts who believe the Bill is fundamentally flawed and highly stigmatising."
Stakeholder Response: National Autistic Society
Richard Mills, NAS director of research, said:
"The NAS is pleased that the oral evidence it has given to the joint committee has been heeded. Autism (including Asperger syndrome) is not a mental disorder. While some individuals with autism may also develop co-morbid mental health problems, it is crucial that the Bill distinguishes between the core condition of autism and associated mental health issues.
"The PLS report recommends that provisions should be included in the Bill, and additional conditions met, to ensure that people with autism are only detained when necessary. The PLS report further recommends that the codes of practice provide illustrative examples of the full range of developmental conditions, including Asperger syndrome.
"The NAS believes these recommendations are crucial as individuals with Asperger syndrome and autism who come into contact with mental health services can be misunderstood and therefore inappropriately treated. This can have severe consequences for their civil liberties, health, wellbeing and quality of life."
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