Group 8. Mental health detention (Amendments 62, 63)

Part of the debate – in the Senedd at 6:14 pm on 21 November 2017.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 6:14, 21 November 2017

I fully support these amendments. And, may I say, Presiding Officer, they're an excellent example of the valuable scrutiny undertaken in this place, including the expertise of its subject committees, and how this scrutiny serves to improve the legislation of this National Assembly for Wales?

As we have heard, the amendments relate to an issue raised by Darren Millar during Stage 2 committee. It is an important point that was raised, and I'm glad that he did it and that we have been able to work together to find a solution.

I have written to the Children, Young People and Education Committee with an explanation of how the Bill applies where children and young people are detained under the Mental Health Act 1983. In short, for children and young people civilly detained under the 1983 Act, the Bill applies in the same way as it generally applies, and my letter dealt in more detail with the consequences of this.

But that is not the case in respect of detentions under that Act for those within the criminal justice system, and amendment 62 is to address this. It gives a regulation power to apply to local authorities and governing body duties in the Bill that would otherwise be switched off in respect of children and young people subject to a detention order and detained in hospital under Part 3 of the 1983 Act, and it may apply the duties with or without modification.

Amendment 63 applies the affirmative procedure to such regulations. The amendments will allow for the duties in the Bill to be applied appropriately in respect of children and young people who are detained in hospital under Part 3 of the Mental Health Act 1983. This is a complicated area that needs very careful consideration. Having a regulation-making power will enable that consideration to take place and for suitable provision to be made. I am completely satisfied that Darren Millar's amendment is needed and puts us in a good position, and I would urge fellow Members to support it.