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The 免费黑料网 Wales has responded to a from the Senedd’s Health and Social Care Committee on Welsh Government’s Legislative Consent Memoranda on the UK Government’s Mental Health Bill.

The Legislative Consent Memorandum (LCM) process is a procedure used by the Senedd to give consent to UK Government Bills that relate to Wales. The process is used when a UK Bill makes provisions that affect devolved matters. The , introduced into the House of Lords on 6 November 2024, is one such Bill which makes cross-border provisions for Wales and England.

While we believe that, wherever possible, legislation which falls within the devolved competence of the Senedd should be made in Wales, mental health law is a complex area which exemplifies the jagged edge of the Welsh devolution settlement and the intricate intersection of devolved (health) and non-devolved (justice) responsibilities. Although the Mental Health Bill impacts on areas of devolved competence, it also introduces important changes in reserved areas which otherwise couldn’t be taken forward by the Senedd.

The Welsh Government has laid two LCMs on the Bill do date, firstly on and secondly , recommending that the Senedd gives its consent to the Bill. The Welsh Government has argued that this would ensure a coherent system of rights across Wales and England, in line with its commitment to enhancing individual rights in Wales and in tandem with the policy objectives of the new Mental Health and Wellbeing Strategy for Wales.

RCPsych Wales supports the Welsh Government’s position in relation to the Bill. In our , we note that the Bill represents a historic opportunity to improve the Mental Health Act 1983 and the lives of those with mental illness in Wales and England. In particular, the Bill will support the delivery of relational care, in which clinicians work in greater partnership with patients to ensure that compulsory inpatient admissions focus on therapeutic benefit and safety for all.

However, we believe the Bill would benefit from having the four principles initially proposed within the 2018 Independent Review of the Mental Health Act (Choice and Autonomy; Least Restriction; Therapeutic Benefit; and the person as an Individual), included on its face, replicating the Mental Capacity Act 2005.

Moreover, beyond legislating for reforms, implementation is crucially important. In this regard, it will be necessary for the Welsh Government to update the Code of Practice to take account of the changes and their application within the distinct policy and legislative landscape of Wales. We have argued that this should be done in consultation and collaboration with key stakeholders, such as RCPsych Wales.

On Thursday 6 February, the Minister for Mental Health and Wellbeing, Sarah Murphy MS, gave to the Health and Social Care Committee on the Welsh Government’s LCMs. We are pleased that Committee members drew on our evidence to call for a dedicated psychiatry workforce plan and for Advance Choice Document to be made a statutory right for patients.

The Health and Social Care Committee has a reporting deadline of 4 April 2025. After this date, a debate will be scheduled in Plenary at which point Senedd Members will vote on whether to grant legislative consent.

Senedd decisions on legislative consent are not binding. This means that if the Bill is passed at Westminster, but rejected by the Senedd, it will still come into force in Wales. However, there are questions as to the constitutional propriety of disregarding the stated view of the Senedd.

In addition to the UK Government’s Mental Health Bill, RCPsych Wales believes there is scope to go further in Wales to ensure that the needs of children and young people are fully considered in mental health legislation. This includes introducing amendments to the Mental Health (Wales) Measure 2010, which are within the Senedd’s devolved competence.

Following the UK Conservative Government’s failure to include a Mental Health Bill in the 2023 King’s Speech, RCPsych Wales sought to modernise mental health legislation in Wales by supporting the development of James Evans MS’s Private Member’s . The Bill was rights-focused and aimed to bring forward identified changes to the Mental Health Act that fall within the Senedd's legislative competence. However, in light of the new UK Government’s introduction of a Mental Health Bill, James Evans MS his decision to withdraw his Bill, a decision we supported.

We are encouraged that, on , the Minister for Mental Health and Wellbeing, Sarah Murphy MS, gave a commitment in the Senedd to taking forward changes to the Measure as actions in the new Mental Health and Wellbeing Strategy for Wales, which is due for publication in March. This includes removing the age limit upon those who can request a re-assessment of their mental health and introducing remote (virtual) assessment under ‘specific provisions’ relating to Second Opinion Appointed Doctors and Independent Mental Health Advocates.

RCPsych Wales looks forward to working with the Welsh Government to ensure the successful implementation of these bespoke changes to the mental health landscape in Wales.