Mary Butler

I move amendment No. 9: In page 14, line 6, to delete "the mood, perceptions and the behaviour" and substitute "the perceptions, emotion and mood, judgement and the behaviour".

I move amendment No. 10: In page 14, line 10, to delete "sections" and substitute "section". Amendments Nos. 10, 195, 201, 242, 243, 262 and 272 are grouped. These are technical amendments to correct a typographical error to amend reference to "sections" to "section".

I move amendment No. 11: In page 14, line 16, to delete "section 22" and substitute "sections 22 and 37". The amendment inserts an amendment to the definition of "involuntary admission order" to ensure that the definition includes orders made under section 22, where a person is admitted from the community, and orders made under section 37, where a person is admitted involuntarily through a chang…

I move amendment No. 12: In page 14, lines 24 and 25, to delete "(both within the meaning of section 2 of the Legal Services Regulation Act 2015)". I will speak to amendments Nos. 12, 18, 94 and 95. These are technical amendments to delete the reference to the Legal Services (Regulation) Act 2015 in the definition of "legal representative" in amendment No. 12 to a new definition being introduced…

I move amendment No. 13: In page 14, to delete lines 32 to 34 and substitute the following: ""mental disorder" means, in relation to a person, any mental illness or mental health difficulty, whether of a continuous or intermittent nature, which seriously affects the person’s thinking, perception, emotion, mood or judgement leading to significant impairment of the mental function of the person;".…

The Bill as initiated separates the definition of "mental disorder" from the criteria for involuntary admission. Following consultation, as I said, with stakeholders after publication, the definition will be amended to read: "mental disorder" means, in relation to a person, any mental [disorder] illness or mental health difficulty [or disability], whether of a continuous or intermittent nature, w…

The definition of the term "mental disorder" means "in relation to a person, any mental illness or mental health difficulty, whether of a continuous or intermittent nature". It has to be taken in the round and not just one part of it. The definition continues, "which seriously affects the person’s thinking, perception, emotion, mood or judgement leading to significant impairment of the mental func…

I move amendment No. 18: In page 15, between lines 27 and 28, to insert the following: “ “practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015; “practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015;”.

I move amendment No. 19: In page 15, to delete lines 34 to 37 and substitute the following: “ “registered community mental health centre” means any community-based residential centre (other than a registered acute mental health centre) registered by the Commission in accordance with Chapter 2 of Part 6 which— (a) provides specialist mental health care and treatment for persons with an enduring …

I move amendment No. 22: In page 16, to delete lines 12 and 13 and substitute the following: “ “relative” means, in relation to a person, a parent, grandparent, son, daughter, grandchild, sibling, aunt or uncle of the person by blood, adoption, marriage or civil partnership;”. This amendment changes the definition of "relative" by taking first cousins out of the definition. This definition alig…

I move amendment No. 23: In page 16, line 26, to delete “the consultant” and substitute “a consultant”. These are technical amendments to correct various typographical errors in the Bill as initiated.

I move amendment No. 24: In page 16, between lines 27 and 28, to insert the following: “ “responsible person” has the meaning assigned to it in section 164;”. Amendment No. 24 inserts a definition of "responsible person" in section 2, stating that "responsible person" has the definition assigned to it in section 164. Amendment No. 229 provides for the deletion of the "responsible person" defin…

I move amendment No. 25: In page 16, between lines 31 and 32, to insert the following: “ “service provider” has the meaning assigned to it in section 20;”. These amendments relate to the definition of a "service provider". Amendment No. 25 inserts the definition in section 2. Amendment No. 35 corrects a typographical error. Amendment No. 36 provides for the definition of "service provider" to b…

I move amendment No. 27: In page 17, line 17, to delete “, in the case of an adult, a person” and substitute “an adult”.

I move amendment No. 28: In page 18, to delete lines 19 to 23 and substitute the following: “(2) A superannuation scheme made under section 40 of the Act of 2001 that was in force immediately before the commencement of section 111 or 112, as the case may be, shall— (a) remain in force and have effect on or after the commencement of section 111 or 112, as the case may be, as if the scheme concer…

I move amendment No. 29: On page 18, line 34, to delete “10 years” and substitute “5 years”. Section 75 of the Mental Health Act 2001 provided for a review of the operation of the Act to take place five years after the full commencement of that Act. The initial review began in 2011 and eventually led to the formation of an expert group review of the Act. The 165 recommendations of that review fo…

I move amendment No. 30: In page 20, to delete lines 34 to 38 and substitute the following: “(i) is aged 16 years or older— (I) it shall be presumed that the child has the necessary maturity and capacity to make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Act, and (II) the views and the will and preferences of the parents or guardia…

The Bill proposes to allow 16- and 17-year-olds to consent to or refuse admission to approved centres and to consent to or refuse treatment. The Bill presumes that all 16- and 17-year-olds have the capacity to make decisions about themselves. Where a child has capacity, his or her consent is required for admission and treatment. That is really important. However, if the child lacks capacity, he or…

I agree.

So that the Deputy knows, I did not disallow the amendments. They do not come to me.

I know she did not. I am saying it just so she knows. I said I would speak to it because it is an important facet. It is fully accepted that admission to an age-appropriate facility is in the best interests of the child. Section 10 of the Bill, as initiated, states: in so far as is practicable, that care and treatment shall be provided— (i) in an age-appropriate environment [we all agree on that…

I move amendment No. 31: In page 21, line 1, to delete “the age of 16 years” and substitute “16 years of age”.

I move amendment No. 34: In page 22, to delete lines 18 to 21 and substitute the following: “ “relevant person” has the meaning assigned to it in section 15;”.

I move amendment No. 35: In page 22, line 24, to delete “section 13;” and substitute “section 13.”.

I move amendment No. 36: In page 22, to delete line 25.