RCPsych Wales responds to call for evidence on the Mental Health Bill

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The Royal College of Psychiatrists Wales has responded to a call for evidence from the Senedd’s Health and Social Care Committee on Welsh Government’s Legislative Consent Memoranda on the UK Government’s Mental Health Bill.

The Legislative Consent Memorandum (LCM) process is a procedure used by the Senedd to give consent to UK Government Bills that relate to Wales. The process is used when a UK Bill makes provisions that affect devolved matters. The Mental Health Bill, introduced into the House of Lords on 6 November 2024, is one such Bill which makes cross-border provisions for Wales and England.

Although the Mental Health Bill impacts on areas of devolved competence, it also introduces important changes in reserved areas which otherwise couldn’t be taken forward by the Senedd.

The Welsh Government has laid two LCMs on the Bill to date, firstly on 21 November 2024 and secondly 10 January 2025, recommending that the Senedd gives its consent to the Bill. The Welsh Government has argued that this would ensure a coherent system of rights across Wales and England, in line with its commitment to enhancing individual rights in Wales and in tandem with the policy objectives of the new Mental Health and Wellbeing Strategy for Wales.

RCPsych Wales supports the Welsh Government’s position in relation to the Bill. In our consultation response, we note that the Bill represents a historic opportunity to improve the Mental Health Act 1983 and the lives of those with mental illness in Wales and England. In particular, the Bill will support the delivery of relational care, in which clinicians work in greater partnership with patients to ensure that compulsory inpatient admissions focus on therapeutic benefit and safety for all.

Moreover, beyond legislating for reforms, implementation is crucially important. In this regard, it will be necessary for the Welsh Government to update the Code of Practice to take account of the changes and their application within the distinct policy and legislative landscape of Wales. We have argued that this should be done in consultation and collaboration with key stakeholders, such as RCPsych Wales.

Next steps

On Thursday 6 February, the Minister for Mental Health and Wellbeing, Sarah Murphy MS, gave oral evidence to the Health and Social Care Committee on the Welsh Government’s LCMs. The Health and Social Care Committee has a reporting deadline of 4 April 2025. After this date, a debate will be scheduled in Plenary at which point Senedd Members will vote on whether to grant legislative consent.