Mental Health (Discrimination) Bill [HL]

Baroness Barker Excerpts

Friday 25th November 2011 Lords Chamber

[Baroness Barker]

My Lords, I thank the noble Lord, Lord Stevenson of Coddenham, for returning this House to an issue that it has previously debated—for example during the passage of the Mental Health Bill in 2006. The legislation which this Bill seeks to repeal was passed because Members of Parliament took the view that to do so was to protect the best interests of people experiencing mental distress and to protect the four institutions named in the Bill.

Since then, there have been two significant developments which make the Bill introduced by the noble Lord, Lord Stevenson of Coddenham, appropriate. First, the Mental Health Act 2007 states that,

“‘mental disorder’ means any disorder or disability of the mind”.

The effect which was intended by the Government of the day is that mental health legislation extends to a very wide range of people, including those with mild depression and those who may never think that they should be covered by mental health legislation, as well as the rest of us. They are being excluded from these specific duties and they should not be.

Secondly, the Mental Capacity Act 2005 enshrines in law the common understanding which we all have that the capacity of people with mental health problems or learning disabilities can vary from day to day. Since the 2006 legislation was passed it has become much more common for a person to take out a lasting power of attorney. In addition, people with mental health problems, such as those who are bipolar, are now, as a result of that legislation, more likely to make an advance statement. At a time when the person is well they can state that should they become ill again, they wish a nominated person to be involved in making decisions on their behalf. They can say, “It is likely that, should I become ill again, I might try to make unwise decisions. I wish at that point for those decisions to be ignored”. Those two proposals mean that a period of mental ill health is not now the inevitable catastrophe that it might have been. People with mental health problems and those who care about them can use those tools to mitigate the effects.

On juries, several jurisdictions—the noble Lord mentioned Scotland—already operate the system that would come into operation under this Bill. It is very important to note that a person who is experiencing mental distress can apply for recusal and therefore not have to serve on a jury. The chances of a major case being disrupted because a juror has ill health would be minimised.

For all those reasons, it is now less likely that the organisations in question would suffer adversely. In fact, those organisations would benefit from having people with experience of mental ill health involved. Therefore, Parliament should move with the times, move forward and pass this Bill into legislation at the earliest opportunity.