Mental Health (Approval Functions) Bill

Baroness Jolly Excerpts

Wednesday 31st October 2012 Lords Chamber

[Baroness Jolly]

My Lords, I will keep my remarks short given the need to progress the Bill through its remaining stages in this sitting. I was briefed over the weekend and I am happy to give it my support. The most important thing is that the patients affected by the legislation are the most vulnerable, posing a danger to themselves or to others. They need, as do the public, a solution to this dilemma, and it needs to be found as quickly as possible. Doctors need that resolving too. For the past 10 years, they have been practising competently in blissful ignorance of their situation, assuming that they are approved.

The Bill is retrospective and, like others, I regret that, but I am totally convinced of the need for it and confident that appropriate advice has been taken. However, some questions still arise. Can the Minister confirm that the intention of Clause 1 is to give power not only retrospectively but with effect from today? Can we be confident that people who think that they are approved today actually are and do not need to undergo any validation or approvals? Further, can we be confident that until 1 April 2013 there is a process in place for people wishing to be approved? If that is the case, and given the demise of SHAs, can the Minister please tell the House what the process will be for registering doctors with effect from April next year and how the preparations for this transfer of responsibility are being progressed?

I am pleased that there will be an independent review of what went wrong in these SHAs leading to this state of affairs. I understand that this will extend only to this narrow issue but it begs another question. Where is the definitive list of SHA roles and responsibilities and who is the guardian of that list? Can we be confident that there are no other areas where action has not been taken by some or all of the SHAs? Can we be equally confident that they will not be lost in the process of transition away from the world of SHAs and PCTs towards that of the national Commissioning Board and CCGs?

Finally, I return to the patients. When the Statement was debated earlier this week the noble Baroness, Lady Pitkeathley, who is not in her place today, brought up communication with patients. The noble Earl has just outlined what is going to happen. However, can he update the House on the timescale? I repeat that I am happy to support this Bill. However, it raises many questions about associated issues and I would be grateful if my noble friend the Minister were able to help clarify these matters.