Junior minister urged to ‘brush up’ on Welsh mental health law

Emily Price 

The minister for mental health and wellbeing has been accused of lacking knowledge on a key piece of Welsh mental health law.

During an exchange in the Senedd on Wednesday (October 23), Sarah Murphy was quizzed by her opposition counterpart on how the Mental Health (Wales) Measure 2010 interacts with the Mental Health Act 1983.

Wales’ Measure law aims to improve mental health services by ensuring that people receive care that is tailored to their individual needs.

There is currently no enforcement of the Welsh Measure and no real consequences to contravening it – as opposed to the UK’s Mental Health Act.

Reform

The Act is the main piece of UK Government legislation that regulates compulsory detention and treatment of people with a mental disorder in England and Wales

During the King’s speech in July, it was announced that the legalisation – which is widely thought to be outdated – will be reformed with a new UK Mental Health Bill.

In October last year, Welsh Conservative MS James Evans won a ballot to introduce new mental health legislation just for Wales.

But Mr Evans is said to be considering whether to move forward with his Bill given the new Labour government’s proposals to amend the UK legislation.

Speaking in the Chamber yesterday, Shadow Minister for Mental Health Gareth Davies called on Ms Murphy to consider updating the Wales’ current Measure legislation to include a new code of practice.

The Mental Health Minister responded saying she had met with the “UK Government Minister who has responsibility for this” – adding it was “absolutely still happening”.

Devolved

Mr Davies responded pointing out he wasn’t talking about UK Government mental health legislation – but was instead calling for changes to the Mental Health Measure which is devolved to Wales.

Ms Murphy responded saying: “At the moment, unfortunately, whilst we’re in this place where James’s Bill is still going, that is for James to discuss and to share, and we are trying to get to the same place, absolutely.”

Mr Davies replied saying his question was about the Measure which had already been in place for 14 years.

He asked whether changes could be made to the Welsh Measure to make it work in a more streamlined way to work alongside the UK Parliament’s mental health Act now there’s a Labour government at both ends of the M4.

Ms Murphy said: “Well, just to prove that we’re very much on the same page here, I do recognise the role, I do recognise that it’s been 14 years, I do want it to move forward, I do want it to be updated, and we do want it to be streamlined. On all of those things, we absolutely agree.

“We’ve got a Member’s Bill that aims to achieve many of those things, which is here, which I’ve met with James Evans about this week.

“So, I’ve looked at it in a Welsh context, with my officials, and that’s exactly what we’re seeing if we can achieve.”

She added that she had met with the UK Government that morning to discuss what they doing with their mental health Bill and how that would be able to work with both governments together.

‘Brush up’

Speaking after Plenary, Mr Davies claimed Ms Murphy had demonstrated a lack of knowledge on Welsh mental health law.

He said: “How we apply the Mental Health (Wales) Measure is integral to tackling problems with mental health provision, but it seems my Labour counterpart lacks knowledge on the subject.

“Our legislation and codes are in desperate need of updating, they must move forward with the times. Yet the Labour Mental Health Minister is clearly unaware of the distinction and displays a lack willingness to engage on the application of the Mental Health Measure.

“I would urge the minister to brush up on her knowledge and take on board my genuine concerns on behalf of those suffering with mental health issues the length and breadth of Wales.”

The Welsh Government was invited to comment.