Repealing Section 141

What is Section 141?

The College has campaigned for the past 10 years for the repeal of Section 141.

 

 

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Key Resources

Parliamentary Question on S.141

 

 

What the Campaign has involved?

 

The College has lobbied MPs and Peers for many years to repeal this discriminatory provision in the Mental Health Act.

 

2007:  As a core member of the Mental Health Alliance, the College supported amendments to the Mental Health Bill in 2007 on this issue. These amendments were raised by Earl Howe (now a Minister in the Department of Health) but they were not forced to a vote due to a lack of time.

 

In July 2008, the College worked with the APPG to carry out a survey of MPs and Peers views and experiences of mental health. The survey formed the basis of the Mental Health in Parliament report which contained a key recommendation on the repeal of Section 141.


The report and recommendation formed the basis of a wide range of activity in parliament.

 

Legislation: The College and other interested mental health organizations (including Mind and Rethink) lobbied parliamentarians to raise the issue during the passage of the Equality Bill and the Coroners and Justice Bill. Amendments were proposed and debated but were not accepted by the Government.

 

Parliamentary Questions: In the last parliament, the former Conservative Disability Spokesman, Mark Harper MP, raised the issue of Section 141 on numerous occasions, through parliamentary questions and even at Prime Minister’s Questions. http://pubs1.tso.parliament.uk/pa/cm200809/cmhansrd/cm090624/debtext/90624-0003.htm

 

Parliamentary Committees: The House of Commons Speakers Conference held an inquiry in to the barriers to parliamentary representation. They made Section 141 and mental health a key issue in their inquiry. The College gave written evidence and was called to give oral evidence (link) to the Conference in the House of Commons. The Speakers’ Conference final report made a clear recommendation that Section 141 should be repealed saying that it: “it embodies attitudes which stigmatize and sap the confidence of people with mental illness.”

 

College Written Submission to Speaker's Conference inquiry http://www.publications.parliament.uk/pa/spconf/167/167we80.htm

 

See College press release at the time.

http://www.rcpsych.ac.uk/press/pressreleases2010/speakersconference.aspx%20-%20Press%20Release%202010

 

The Government Final Response to the Report (link document) said:  ‘The Speaker’s Conference has taken the view that this issue should be discussed by a Select Committee [Recommendation 65]. The Government shares the view that consideration of this matter is better led by the House itself, and we hope that this will happen without delay. The Government is committed to reacting promptly to any recommendations that might emerge from a Select Committee.'

 

 

 

September 2010: We are currently waiting for the Coalition Government to bring forward proposals to repeal the legislation. In opposition they were supportive of the measure. A recent Parliamentary Question on S.141

 

 

 

Proposed amendments to the Equality Bill http://www.rcpsych.ac.uk/PDF/The%20Equality%20Bill%20-%202nd%20Reading%20briefing2%20HOC%20May%202009.pdf

Proposed amendments to the Coroners and Justice Bill

 

Article in the Daily Telegraph.

 

Equality Bill briefing - http://www.rcpsych.ac.uk/PDF/RCPsych%20amendment%20-%20Equality%20Bill%20-%20House%20of%20Commons%20-%20Committee%20Stage%20-%20Repeal%20of%20S%20141%20Mental%20Health%20Act%20(2).pdf

 

 

 

 

 

© 2012 Royal College of Psychiatrists