February 7, 2005
by staff reporter

The attempt by the government to reform mental health law is so draconian, unethical and impractical that ministers should start all over again, doctors' leaders have said.

The British Medical Association (BMA) told a parliamentary committee last week that the draft mental health bill was "unethical, unworkable and in conflict with the Human Rights Act".

Michael Wilks, the chairman of the BMA's ethics committee, said their recommendation was to "to tear the proposals up and start again".

In evidence to the joint committee on the draft mental health bill, Dr Wilks and two consultant psychiatrists criticised the proposed legislation's emphasis on protecting the public from a small minority of potentially dangerous mentally ill people - at the expense of the civil rights of the majority who pose no risk to others.

They expressed concern that the proposed legislation would breach the human rights of people with mental health problems.

Echoing concerns held by almost all mental health groups and professional associations and which have been prevalent since the government produced its initial draft mental health bill in 2002, the BMA also said:

* the bill would compel doctors to detain patients who might be dangerous, but for whom detention provided no health benefit.

* the wide definition of treatment in the bill also meant people diagnosed with personality disorders or learning disabilities could be detained on the grounds of public safety rather than benefit to their health.

* it was unclear how the Department of Health had worked out an extra 130 psychiatrists would be needed to implement the proposals and whether this figure was realistic.

* The wording of the draft bill was complex and difficult to understand

The committee of MPs and peers is due to present its report to the government next month.

Read for yourself:
* British Medical Association Written Evidence to the Joint Committee on the Draft Mental Health Bill
* The government's revised draft mental health bill (pdf)

See also:
Jan 24, 2005: Members of expert group to advise government on planned mental health law - hand-picked members to help develop code of practice on draft mental health bill
Nov 16, 2004: Draft mental health bill risks breaching rights of patients and would be unworkable - parliamentary committee hears
Sept 9, 2004: Government publishes revised draft mental health bill - but it is greeted with universal condemnation from bodies representing mental health professionals and service users.

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