Removing discrimination against mental health in Parliament

Mental Health (Discrimination) Bill

One of the key recommendations in Mental Health in Parliament report was that Section 141 of the Mental Health Act should be repealed.

Under Section 141 of the Mental Health Act 1983 an MP automatically loses his/her seat in Parliament if detained under the Act for a period of six months or more. There are no provisions suffering from physical illnesses which stop them from carrying out their duties and responsibilities for the same length of time.

Lord Dennis Stevenson and Charles Walker MP, supported by the Royal College of Psychiatrists, and other mental health organisations, are campaigning to repeal four areas of discrimination against those with mental health conditions in UK laws and regulations. These relate to MPs, Jurors, Company Directors and School Governors.

In April 2011, Lord Stevenson introduced the Mental Health (Discrimination) Bill which aims to repeal the discriminatory provisions in each of these four areas.

Key Provisions of the Bill

• Section 141 of the Mental Health Act 1983, under which Member of Parliament in Westminster, Scotland, Wales and Northern Ireland automatically lose their seats if they are detained for more than six months, would be repealed.
• The Juries Act 1974 would be amended to overturn the blanket ban on jury service for people with a mental disorder.
• Company regulations would be amended so that a person no longer ceases to be a director of a public or private company purely ‘by reason of their mental health’.
• School governance regulations would be amended so that individuals detained under the Mental Health Act would no longer be prevented from holding or continuing to hold office as school governors.

The College produced a briefing for Peers in advance of the Bill's Lords second reading on Friday 25 November 2011 and welcomed the announcement following the debate that the government would support the Bill and ensure it becomes law.

In a statement College President Sue Bailey said, "We are delighted that this Bill has received such strong government support today. The College has worked closely with Lord Stevenson on this Bill and we are proud to be involved. The Government has already voiced its commitment to removing the stigma associated with mental health problems and this Bill goes some way to rectify this."

Read more about the issue

Progress:

• April 2009: The College was asked to give evidence to a parliamentary Committee on the issue. This was supported by Alistair Campbell.

• May 2009: The repeal of Section 141 was raised in the College's Equality Bill 2nd Reading briefing

• An amendment was tabled to the Equality Bill, which the College produced a briefing for. It was ruled that it was not possible to amend the Equality Bill in this way and the issue was not pursued by MPs further.

• The College urged MPs to support an amendment to the Constitutional Reform and Governance Bill to remove Section 141.

• January 2010: The Speakers Conference on Parliamentary Representation recommends the repeal of Section 141. See College press release

• March 2010: Government and political parties respond to the Speakers Conference recommendation

• February 2011: Coalition Government announces that it planned the repeal of Section 141

• April 2011: Mental Health (Discrimination) Bill introduced to Parliament

• November 2011: Government pledge support for Mental Health (Discrimination) Bill