Mr. John Saunders:

The experience of the commission in interpreting and implementing the Mental Health Act 2001 is such that we feel it is best practice, provides clarity and ensures safety to include as much detail as possible on procedures in the body of the legislation. If that is not possible, then perhaps clear statutory instruments supporting the Act could spell out these details, as opposed to leaving them to the Minister of the day. We could deal further with the issues that arise subsequent to the Bill's enactment if a mechanism is built in to allow a review of these procedures in light of experience, perhaps after one, two or three years. We do not know what is ahead of us in terms of this legislation.

In regard to the issue of children, nothing in the heads of the Bill addresses the different circumstances of children or women who are below the age of consent, which is 16 years or 18 years depending on the perspective one is taking. Specific mention should be made of children who find themselves pregnant, as opposed to adult women.

I cannot quote Roe v. Wade because it is history, but to my knowledge the main issue arising was the mental distress and well-being of the woman as opposed to her suicidality, which is a separate issue.