Abstract
<p>This article discusses the Government’s Response to the Joint Parliamentary Scrutiny Committee Report on the <em>Draft Mental Health Bill</em>, from the bias of someone who served as the specialist legal adviser to the Committee. </p>
Highlights
Protection! Protection! Protection! Déjà vu all over again
The point of Pre-Parliamentary Scrutiny was explained by the House of Commons Modernisation Committee in 1998 as follows: ‘Pre legislative scrutiny provides an opportunity for the house as a whole, for individual backbenchers and for the opposition to have a real input into the form of the actual legislation which subsequently emerges, not least because ministers are likely to be far more receptive to suggestions for change before the Bill is published
Was adequately integrated with what was the Mental Capacity Bill? While the Committee was sitting, the European Court of Human Rights delivered judgment in HL v United Kingdom Judgment of 5 October 2004, requiring amendments to be tabled to the Mental Capacity Bill
Summary
On its establishment in the summer of 2004, the Joint Parliamentary Scrutiny Committee on the Draft Mental Health Bill invited written evidence in response to a series of questions, asking whether the Draft Bill:. The Committee asked those submitting evidence to comment on the human and financial resource implications of the draft Bill, whether the Government had analysed the effects of the Bill adequately, and whether sufficient resources would be available to cover any cost arising from the implementation of the Bill?. In order to understand the Government’s repeated rejection of criticism of its reform proposals, it is important to appreciate the importance of the public safety agenda as a driver of Government policy and to outline the key features of the reform process before turning to the Scrutiny Committee Report and the Government response
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