MS, Counsel General and
Minister for Delivery: I am today publishing a draft Bill which,
if passed by the Senedd, will ensure the Mental Health Review
Tribunal for Wales (MHRTW) can continue to carry out its
statutory duties.
The MHRTW plays a vital role in safeguarding the rights of
individuals detained under the Mental Health Act 1983. Its panels
must include a legal member, a lay member, and a medical member.
Medical members are appointed by the Lord Chancellor on the
advice of the Judicial Appointments Commission.
A technical issue has been identified in relation to the
definition of “registered medical practitioner” in the Mental
Health Act 1983, which requires an individual appointed to the
Mental Health Review Tribunal for Wales to hold both General
Medical Council (GMC) registration and a licence to
practise.
Following the identification of this issue, the President of
MHRTW has decided to stop members without a current licence to
practise from sitting on cases. This puts the tribunal's ability
to meet its statutory timeframes for hearings at considerable
risk.
The President of Welsh Tribunals has advised there are now just
19 medical members of the MHRTW who are available to sit on
cases. While the President of the MHRTW has requested those
members make themselves available as much as possible, the clear
advice of the judiciary is that there are not enough medical
members to cover the volume of cases listed in the coming
weeks.
Members without current licences, who are often retired from
practice, have sat on a disproportionately high number of the
tribunal's cases. All medical members of the MHRTW are GMC
registered.
The Welsh Ministers' view, as a matter of policy, is that a
current licence to practise should not be a requirement to sit as
a medical member of the MHRTW.
The Bill therefore seeks to give effect to the policy intention
that the qualifying criterion for medical members of the tribunal
is to be registered within the meaning of the Medical Act 1983,
but that they are not required to hold a licence to practise
under that Act. This will align the tribunal's eligibility
requirements with those in England.
The legislation will also provide that persons who were
previously appointed as medical members, but who did not hold a
licence to practise (whether at the time of appointment or at any
other time), were validly appointed and were valid members of the
tribunal at all times.
The First Minister has today written to the Llywydd with a draft
of the proposed Bill, requesting her to expedite the process of
determination to allow the Senedd to begin consideration of this
matter on its return on 13 January. I will table motions to
suspend Standing Orders to allow the Senedd to consider motions
to introduce an Emergency Bill. The motions will provide for all
stages of the Senedd's consideration to be completed by the end
of 14 January.
To support Members of the Senedd in scrutinising the Bill,
notwithstanding this timetable, I am today publishing the draft
Bill alongside its submission to the Llywydd for determination,
as has been the practice for other Year 5 Bills.The draft Bill
can be found at the following link: Mental Health Review Tribunal
for Wales (Membership) Bill | GOV.WALES
This statement is being issued during recess to keep Members
informed. Should Members wish me to make a further statement or
to answer questions on this when the Senedd returns I would be
happy to do so.
