Clause 59, discussed with amendments, schedule 8, clauses 60 and 61 stand part, and new clause 42. Clause 59 agreed to on division (10 votes to 6). Amendment to schedule 8 negatived on division (4 votes to 10). Schedule 8 agreed to. Clauses 60 and 61 agreed to on division (10 votes to 4 respectively). Clauses 62 and 63 agreed to. Clause 64, discussed with schedule 9, new clauses 74 and 78. Clause 64 agreed to on division (10 votes to 6). Schedule 9 agreed to. Clause 65, discussed with schedule 10, agreed to on division (9 votes to 6). Schedule 10 agreed to. Clauses 66 and 67 agreed to. Schedule 11 agreed to, as amended. Government new clauses 20 to 23 agreed to. Government new clause 91, discussed with Government new clauses 92 to 95, Government amendments, and new clauses 67 and 68. Government new clauses 91 to 95 agreed to. New clause 1, discussed with new clause 13, debated and withdrawn. New clause 3, discussed with new clauses 4, 5, 9, 10 and 43. New clause 3 debated and withdrawn. New clause 4 negatived on division (2 votes to 8). New clause 5 negatived on division (2 votes to 8). Committee adjourned till 9 July. Written evidence reported to the House.

Clause 59, discussed with amendments, schedule 8, clauses 60 and 61 stand part, and new clause 42. Clause 59 agreed to on division (10 votes to 6). Amendment to schedule 8 negatived on division (4 votes to 10). Schedule 8 agreed to. Clauses 60 and 61 agreed to on division...

New clause 1 (Reporting: racial disparities relating to community treatment orders), discussed with new clause 3 (Addressing and reporting on racial disparities and other inequalities in the use of the Mental Health Act 1983), debated and withdrawn. New clause 2 (Mental Health Crisis Breathing Space), negatived on division (2 votes to 11). New clause 6 (Duty to promote mental health wellbeing), debated and withdrawn. New clause 7 (Funding and reporting), debated and withdrawn. New clause 8 (Mental Health Commissioner), negatived on division (2 votes to 11). New clause 9 (Veterans’ Mental Health Oversight Officer), debated and withdrawn. New clause 11 (Costed plan to ensure community provision for individuals with learning disabilities and autism who are at risk of detention) negatived on division (4 votes to 11). New clause 12 (Age-appropriate treatment for children), negatived on division (4 votes to 11). New clause 13 (Duty to review the functions of the regulatory authority), negatived on division (6 votes to 11). New clause 14 (Adequacy of accommodation: review), debated and withdrawn. New clause 15 (Review of impact of this Act on detention), discussed with new clause 18 (Report on the impact of this Act on patients with eating disorders), and new clause 23 (Impact assessment: children and young people in temporary foster care), debated and withdrawn. New clause 16 (Transfer of patients: out of area placements), debated and withdrawn. New clause 19 (Report and Guidance: Improving Outcomes for LGBT Patients), debated and withdrawn. New clause 22 (National strategy on mental health units), debated and withdrawn. New clause 24 (Application in respect of patient already on hospital grounds) negatived on division (4 votes to 11). New clause 25 (Deaths in detention: independent investigations), debated and withdrawn. New clause 26 (Use of restraint and restrictive intervention), debated and withdrawn. Clauses 55 to 59 agreed to, with clauses 57 and 59 agreed to as amended. Bill, as amended, to be reported (Bill 272). Committee rose. Written evidence to be reported to the House.

New clause 1 (Reporting: racial disparities relating to community treatment orders), discussed with new clause 3 (Addressing and reporting on racial disparities and other inequalities in the use of the Mental Health Act 1983), debated and withdrawn. New clause 2 (Mental Health Crisis Breathing Space), negatived on division (2 votes...

My Lords, I will speak briefly to Amendment 47, so eloquently moved by the noble Baroness, Lady Tyler. As the House will know, the establishment of a mental health commissioner was a recommendation of the joint scrutiny committee on the Bill, of which I was a member, but, disappointingly, it...

My Lords, I will speak briefly to Amendment 47, so eloquently moved by the noble Baroness, Lady Tyler. As the House will know, the establishment of a mental health commissioner was a recommendation of the joint scrutiny committee on the Bill, of which I was a member, but, disappointingly, it...

For me, it is about not just somebody speaking for others but getting those voices heard. I hope that the noble Lord and all noble Lords have heard my acknowledgement of the importance of that. Those with lived experience need to be properly heard and their voice amplified. I have...

For me, it is about not just somebody speaking for others but getting those voices heard. I hope that the noble Lord and all noble Lords have heard my acknowledgement of the importance of that. Those with lived experience need to be properly heard and their voice amplified. I have...

My Lords, I thank all noble Lords who have contributed to this group and the Minister for her responses. I also thank the noble Lord, Lord Kamall, for supporting my suggestion about a pilot for the responsible person. I have noted that the Minister has said that a pilot is...

My Lords, I thank all noble Lords who have contributed to this group and the Minister for her responses. I also thank the noble Lord, Lord Kamall, for supporting my suggestion about a pilot for the responsible person. I have noted that the Minister has said that a pilot is...

Moved by

Baroness Tyler of Enfield

50: After Clause 51, insert the following new Clause—

“Workforce sufficiency assessment by Integrated Care Boards

After section 142C of the Mental Health Act 1983 (inserted by section 51 of this Act), insert—

“142D Workforce sufficiency assessment by Integrated Care Boards

(1) Each Integrated Care Board must conduct a workforce...

Moved by

Baroness Tyler of Enfield

50: After Clause 51, insert the following new Clause—

“Workforce sufficiency assessment by Integrated Care Boards

After section 142C of the Mental Health Act 1983 (inserted by section 51 of this Act), insert—

“142D Workforce sufficiency assessment by Integrated Care Boards

(1) Each Integrated Care Board must conduct a workforce...

Moved by

Baroness Tyler of Enfield

47: After Clause 51, insert the following new Clause—

“Mental Health Commissioner

After section 142C of the Mental Health Act 1983, insert—

“Mental Health Commissioner

142D Independent Mental Health Commissioner: establishment

(1) There is to be an office known as the Office of the Mental Health Commissioner.

(2) The Office in subsection...

Moved by

Baroness Tyler of Enfield

47: After Clause 51, insert the following new Clause—

“Mental Health Commissioner

After section 142C of the Mental Health Act 1983, insert—

“Mental Health Commissioner

142D Independent Mental Health Commissioner: establishment

(1) There is to be an office known as the Office of the Mental Health Commissioner.

(2) The Office in subsection...

My Lords, Amendment 47 would establish a mental health commissioner for England. The role would fill a major gap in the operation of the Mental Health Act and the rights of people with mental health difficulties. I believe this role is essential in ensuring oversight and advocacy for people affected...

My Lords, Amendment 47 would establish a mental health commissioner for England. The role would fill a major gap in the operation of the Mental Health Act and the rights of people with mental health difficulties. I believe this role is essential in ensuring oversight and advocacy for people affected...

My Lords, I support the introduction of a commissioner. There seem to be three basic arguments that suggest it would be a good measure to take at this stage.

The first is the proven value and quality of work done by other independent commissioners, particularly the Children’s Commissioner, the Domestic Abuse...

My Lords, I support the introduction of a commissioner. There seem to be three basic arguments that suggest it would be a good measure to take at this stage.

The first is the proven value and quality of work done by other independent commissioners, particularly the Children’s Commissioner, the Domestic Abuse...

Can I just ask the noble Baroness a very quick question? Will the newly appointed person have a statutory right to call for papers and witnesses from other departments to deal with mental health issues, as a commissioner would?

Can I just ask the noble Baroness a very quick question? Will the newly appointed person have a statutory right to call for papers and witnesses from other departments to deal with mental health issues, as a commissioner would?

My Lords, I have attached my name to Amendment 47, in the name of the noble Baroness, Lady Tyler, and I raised this issue at Second Reading.

A powerful case has already been made for a mental health commissioner, so I am just going to make one comparison here. At the...

My Lords, I have attached my name to Amendment 47, in the name of the noble Baroness, Lady Tyler, and I raised this issue at Second Reading.

A powerful case has already been made for a mental health commissioner, so I am just going to make one comparison here. At the...

My Lords, I thank the noble Baroness, Lady Tyler, for, as others have said, the eloquent way in which she introduced her amendment.

I know this is a topic that noble Lords across the House feel strongly about, and I appreciate the arguments in favour of the creation of a commissioner....

My Lords, I thank the noble Baroness, Lady Tyler, for, as others have said, the eloquent way in which she introduced her amendment.

I know this is a topic that noble Lords across the House feel strongly about, and I appreciate the arguments in favour of the creation of a commissioner....

My Lords, I thank all noble Lords for their contributions on this fiercely and keenly debated proposal. Amendment 47, in the name of the noble Baroness, Lady Tyler, leads me to say that we continue to be of the strong view that the functions of the proposed commissioner, as set...

My Lords, I thank all noble Lords for their contributions on this fiercely and keenly debated proposal. Amendment 47, in the name of the noble Baroness, Lady Tyler, leads me to say that we continue to be of the strong view that the functions of the proposed commissioner, as set...

I cannot draw a comparison with a commissioner but I will be very pleased to answer the noble Lord definitively in writing.

Secondly, as announced by the Secretary of State, we are abolishing NHS England as part of the radical reforms we are making to the national health system to rid...

I cannot draw a comparison with a commissioner but I will be very pleased to answer the noble Lord definitively in writing.

Secondly, as announced by the Secretary of State, we are abolishing NHS England as part of the radical reforms we are making to the national health system to rid...

My Lords, I thank the Minister for her response and particularly thank other noble Lords who have contributed. I apologise to the noble Baroness, Lady Bennett, for forgetting to thank her for adding her name.

The short answer is that we disagree quite fundamentally on this. I do not accept the...

My Lords, I thank the Minister for her response and particularly thank other noble Lords who have contributed. I apologise to the noble Baroness, Lady Bennett, for forgetting to thank her for adding her name.

The short answer is that we disagree quite fundamentally on this. I do not accept the...

Moved by

Baroness Tyler of Enfield

48: After Clause 51, insert the following new Clause—

“Review and reporting on inequalities in Mental Health Act Measures

(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State or appropriate national authority must conduct a review, in consultation with relevant...

Moved by

Baroness Tyler of Enfield

48: After Clause 51, insert the following new Clause—

“Review and reporting on inequalities in Mental Health Act Measures

(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State or appropriate national authority must conduct a review, in consultation with relevant...

My Lords, Amendments 48 and 49 are in my name. I thank the noble Baroness, Lady Bennett, for adding her name to Amendment 49.

As debated throughout the passage of the Bill, a primary driver of the review into the Mental Health Act was the shocking racial injustices in the use...

My Lords, Amendments 48 and 49 are in my name. I thank the noble Baroness, Lady Bennett, for adding her name to Amendment 49.

As debated throughout the passage of the Bill, a primary driver of the review into the Mental Health Act was the shocking racial injustices in the use...

My Lords, it is a pleasure to follow the noble Baroness, Lady Tyler. I have attached my name to the noble Baroness’s Amendment 49. As the noble Baroness said, like Amendment 48 it addresses one of the primary reasons for reviewing the Mental Health Act in the first place. Black...

My Lords, it is a pleasure to follow the noble Baroness, Lady Tyler. I have attached my name to the noble Baroness’s Amendment 49. As the noble Baroness said, like Amendment 48 it addresses one of the primary reasons for reviewing the Mental Health Act in the first place. Black...

My Lords, I will speak to Amendment 61, which calls for a review into the causes and consequences of the huge spike of diagnoses of mental disorders. It should also investigate the impact of this on the availability of services that we envisage treating people with a mental disorder that...

My Lords, I will speak to Amendment 61, which calls for a review into the causes and consequences of the huge spike of diagnoses of mental disorders. It should also investigate the impact of this on the availability of services that we envisage treating people with a mental disorder that...

Before the noble Baroness sits down, she mentioned autism several times, but the whole purpose of the Bill is to remove autism and learning disability from mental health, where it previously was. In fact, I served on the Bill Committee, as did others in the Chamber, in 2005-06, when I...

Before the noble Baroness sits down, she mentioned autism several times, but the whole purpose of the Bill is to remove autism and learning disability from mental health, where it previously was. In fact, I served on the Bill Committee, as did others in the Chamber, in 2005-06, when I...