Mental care bill back in Commons

The government will again try to push through powers to detain mentally ill people in England and Wales who have not committed crimes. The plans, to be debated in the Commons over the next two days, have faced opposition from mental health charities and opposition politicians.

Critics complain that the measures could result in too many people being locked up unnecessarily. Ministers have been trying to update mental health legislation since 1998. After a string of defeats in the House of Lords, the government has given some ground on the bill, which amends the Mental Health Act 1983.

Concessions include giving doctors tight rules over the use of orders to force patients to take medicine and place them under detention if required.

Speaking ahead of the debate, Health Minister Rosie Winterton told BBC News: "What we have put down is an amendment to make clear that conditions can be set, in terms of community treatment orders. "But we have said those conditions must be conditions which relate to the treatment of the patient and also are there either for the protection of themselves or others." She added: "We must make sure we have a bill that does address, as well as getting treatment of people, the issues of public safety."

But, despite concessions, the Conservatives, the Liberal Democrats and some backbench Labour MPs are still likely to vote against the bill.

The shake-up in the law has been driven by Michael Stone's 1998 conviction for the brutal murders of Lin and Megan Russell. Stone was regarded as a dangerous psychopath and it had been assumed he was not held under mental health powers because his condition was considered untreatable. This was subsequently found not to be the case as he was receiving treatment but gaps in his care meant he was not given the correct treatment. Ministers have made some concessions on other aspects of the bill.

Concern had been raised that the bill would allow patients under 18 to be held in adult wards. The government has now said the bill will contain a clause saying they will be required to be treated in "age-appropriate settings". People detained under the mental health laws will also be given access to advocacy services to champion their rights. And the victims of mental health offenders will be given the chance to make representations over their proposed release.