Reform of Mental Health Legislation

The Government announced its intention to reform the Mental Health Act 1983 in September 1998. Since then, there has been a Green Paper, a White Paper and a Draft Bill, the Government published a revised Draft Bill in September 2004. Parliament has established a twenty-four-member Scrutiny Committee of Peers and MPs to report on the new proposals. The following information contain both links to Government documents and the College's responses to developments. Also included is information regarding mental health legislation in the devolved administrations and the Republic of Ireland.

 

• College Response to the Revised Draft Mental Health Bill 2004
• Newsletters from Campaigns Headquarters
• Draft Mental Health Bill 2002
• Green and White papers and the Richardson Report

 

• Queen's Speech 2003
• Mental Health Legislation in Scotland
• Mental Health Legislation in Northern Ireland
• Mental Health Legislation in the Republic of Ireland

 

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Dr Mike Shooter, Rowena Daw (Mind), Graham Estop (Voices Forum), Paul Farmer (Rethink)

College Response to the Revised Draft Mental Health Bill 2004

Dr Mike Shooter presented oral evidence to the Joint Committee as a member of the Mental Health Alliance on 3rd November 2004 (pictured)

 

• Supplementary evidence on Clinical Supervisors provided to the Joint Committee on the Draft Mental Health Bill 15th November 2004
• Supplementary evidence provided to the Joint Committee on the Draft Mental Health Bill November 2004
• College oral evidence presented to the Joint Committee 27th October 04
• College press release 8th October 2004
• College submission to the Joint Committee on the Draft Mental Health Bill  
• Draft Mental Health Bill 2004
• Joint Committee on the Draft Mental Health Bill

 

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Newsletters from Campaigns Headquarters

 

• Draft Mental Health Bill, Newsletter number 6 (September 2004) 
• Draft Mental Health Bill, Newsletter number 5 (March 2004) 
• Draft Mental Health Bill, Newsletter number 4 (October 2003) 
• Draft Mental Health Bill, Newsletter number 3 (May 2003) 
• Draft Mental Health Bill, Newsletter number 2 (February 2003) 
• Draft Mental Health Bill, Newsletter number 1 (October 2002) 

 

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College's response to the Draft Mental Health Bill (2002)

• Introductory letter
  From the President, Dr Mike Shooter
• Detailed response
  Prepared by the College's Mental Health Law Sub-Committee
• College's response
  To the White Paper submitted in June 2001
• Explanatory notes and consultation document
  From the Department of Health
• Outline of key changes
  Summary of Changes
• Joint Statement - 25 June 2002
  Royal College of Psychiatrists and the Law Society
• Letter to College members - 25 July 2002
• Response to draft Mental Health Bill Consultation - 16 September 2002
  Royal College of Psychiatrists expresses extreme anxieties in terms of ethics, practicality and effectiveness

 

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Mental Health Legislation in Scotland

 

• Mental Health (Care and Treatment) Act 2003
  The Mental Health (Care and Treatment) Act 2003 has been passed by the Scottish Parliament and is due to be implemented from 4th April 2005.
• Royal College of Psychiatrists welcomes new Mental Health Bill for Scotland
  Press release
• Response to the Mental Health Bill
  Prepared by The Royal College of Psychiatrists Scottish Division

 

Mental Health Legislation in Northern Ireland

• The Mental Health (Northern Ireland) Order 1986 governs the treatment of people with mental health problems in Northern Ireland. In October 2002, the Department of Health, Social Service and Public Safety initiated a wide-ranging, independent review of the law, policies and provision for mental health patients expected to take a minimum of two years to complete.
• Review of Mental Health and Learning Disability (Northern Ireland) www.rmhldni.gov.uk/

 

Mental Health Legislation in the Republic of Ireland

• Mental Health Act 2001  
  The Mental Health Act 2001 was introduced by the Minister for Health & Children, and will be gradually phased in, replacing the Mental Treatment Act of 1945.

 

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Green and White papers and the Richardson Report

 

• The College response to the Government's green paper   - 28 March 2000
  T the Government consultation which fed into the white paper
• Mental Health Act White Paper
  From the Department of Health
• College press release on the white paper - 20 December 2000
• Parliamentary Briefing - 20 December 2000
• Parliamentary Briefing - 23 January 2001

 

The College's responses to the White Paper on the Reform of the Mental Health Act 1983

 

• Introductory letter - 13 June 2001
  from the College President Dr Mike Shooter
• Letter from the Registrar - 13 June 2001
  summarising the main issues of concern
• Detailed response - June 2001
  from the College's Mental Health Law Sub-Committee

 

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Queen's Speech 2003

 

We are pleased to see that the Government is finally bringing forward the reform of mental health legislation.

However, we are very concerned about the possible substance of the new Bill. The proposals contained in the draft Bill, which was published in Summer 2002, were worse than the current Mental Health Act 1983.

 

We hope that the provisions in the new Bill will be very significantly changed, particularly the definition of mental disorder and the criteria for compulsion. We are pleased to see that the new proposals will be put to pre-legislative scrutiny, to enable Parliament to produce an in-depth analysis of the proposals.

We are disappointed at the absence of the Mental Incapacity Bill from the Queen's speech. We hope that Parliamentary time can still be found for it now that its pre-legislative scrutiny has been completed. It would be sensible for legislation about capacity to precede the Mental Health Bill (as happened in Scotland).

 

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