That leave be granted to introduce a Bill entitled an Act to amend and extend the Mental Health Act 2001; to incorporate certain provisions of the Assisted Decision-Making (Capacity) Act 2015 relating to treatment of patients under the Mental Health Act 2001; to improve the provision of mental health services; to promote the rights of persons subject to the Mental Health Act 2001; and to provide for related matters.
I am proposing this Bill to amend key sections of the Mental Health Act 2001 for the purposes of strengthening the protection of the rights of individuals, both adults and children, who receive inpatient mental health treatment and bringing certain sections of the 2001 Act in line with the Assisted Decision-Making (Capacity) Act 2015. The proposed amendments are in line with the recommendations made by the expert group on the review of the 2001 Act, which are yet to be fully implemented. The Bill defines a voluntary patient as a person with decision-making capacity, aligns the principles of the 2001 Act with those of the Assisted Decision-Making (Capacity) Act 2015 and affirms that both voluntary and involuntary patients with decision-making capacity must give consent to treatment before that treatment is carried out. The Bill aims to contribute to the Government's fulfilment of international human rights law, including the Convention on the Rights of Persons with Disabilities. If it is passed, it will deliver immediate improvements and legislative protections to adults and children as they access acute mental health care in this country. I hope the Bill will receive the full support of the House.