The draft Mental Health Bill

The BBC's Chris Hogg looks at the Mental Health Bill

BBC Health Correspondent Chris Hogg examines the government's draft Mental Health Bill.

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Perhaps, we should have known the government's draft Mental Health Bill would be published on Tuesday.

Originally, lobby journalists had been told the Bill would be revealed on Wednesday.

However, a last minute change of plan by the Conservatives meant Tuesday's opposition day debate would be on mental health not care homes.

New Labour's spin machine was never going to give Dr Fox an easy hit

Ministers would have looked foolish if they had nothing to say on the matter.

The Tories had been hoping to seize the initiative on the issue.

First attack

Shadow Health Secretary Dr Liam Fox had written a full page article in one of the party's most loyal broadsheets announcing with contrition his party's care in the community policy had been bungled.

This was followed on Tuesday morning with a speech signalling his party's intention to make mental health a priority.

New Labour's spin machine was never going to give Dr Fox an easy hit like that.

Publishing the long promised plans for what they dubbed the biggest overhaul of mental health policy since the 1950s at the very moment Dr Fox stood up to open his debate meant that ministers could get their retaliation in first.

They had briefed the press an hour before. Opposition spokesman were stuck on the Commons green benches as the ministers' proposals went out over the airwaves. It was left to campaigners to try to plough through the detail and respond.

I understand the proposals had been ready to go for several days. It was just a case of waiting for the best 'slot'.

Tuesday evening's headlines were dominated by the plans to lock up those few individuals with a severe personality order who are deemed dangerous and proposals to force the mentally ill to take their medication.

I make no apologies for not going over the arguments surrounding these controversial measures again.

No doubt acres of newsprint will be given over to debating them before these proposals have a chance of becoming law.

Raft of proposals

What has interested me however, are some of the other proposals contained in the consultation document published alongside the draft bill.

The government has set aside 12 weeks for people to look at what is proposed, and to let them know what they think.

Although these are not the most controversial aspects of the bill, they are difficult issues.

Under current legislation, staff such as doctors, nurses, social workers and others are protected from patients who are forced to undergo treatment against their will taking out malicious prosecutions against them.

A patient who wants to make a legal complaint against them has to give additional proof to the High Court or in criminal prosecutions to the Director of Public Prosecutions that the member of staff was acting in bad faith or without reasonable care before a case may proceed in a normal way.

One in four of us will suffer from some form of mental illness during our lifetime

Is this unfair? Are people with mental disorders more restricted in their rights to challenge aspects of their care than people with physical illnesses? Should this special protection for staff end?

The government seems to think so. It is proposing that the complainant should no longer have to prove that professionals were acting in bad faith.

Instead a new defence of good faith and reasonable care will be introduced for NHS staff.

Will that be enough to reassure healthcare workers who might feel vulnerable while carrying out their legal duties? Write to the ministers and give them your views.

Medical records

Another sticking point could be patient confidentiality.

Should your doctor share your medical notes with your social worker if they're involved in a decision to force you to undergo treatment?

It is time to take an interest in what the government is proposing

What happens if you're asked, but refuse to give your consent for the information to be shared?

The Bill includes a duty for staff to co-operate in the supply of information.

Professionals will be obliged to 'consider thoroughly' whether there is a need to share information about their patient.

It appears to be a carte blanche to throw open patients' medical notes.

On one level that seems sensible. However, how many people would you like reading your medical notes?

And perhaps most emotive of all, is proposals on the rights of children and teenagers to have a say in their own treatment, when their views are in conflict with those of their patients.

Currently children can in effect consent to treatment, but not refuse it. If they refuse, it can still go ahead if their parents consent.

The government proposes new safeguards to strike a fair balance between the rights of the child and the rights of their parents.

Easy to promise, harder to deliver.

It does not stop there. Should prisoners in medium secure units have their mail intercepted as those in high security units do at present?

Should the new independent mental health tribunals which will normally be made up of three members be able on occasion to operate with just one member.

The measure is aimed at making it easier for tribunals to make quick and easy decisions. But it will cause controversy.

The proposals go on and on.

While it might sound like tiresome detail, these small points could have a major impact on the lives of thousands of people across England and Wales.

Mental illness isn't something that just happens to other people. One in four of us will suffer from some form of mental illness during our lifetime.

It is time to take an interest in what the government is proposing. We do not know what kind of impact it might have.