Mary Henry (Independent)

I move amendment No. 12:

In page 4, subsection (1), line 32, to delete "care or treatment" and substitute "care and treatment in conditions of high, medium or low therapeutic security as designated by the Inspector of Mental Health Services".

I am concerned about the use of the term "care or treatment" in the Bill because "care" can mean controlling and detaining a person. It is unfortunate to use the term "care or treatment". My amendment seeks to substitute the words "care and treatment in conditions of high, medium or low therapeutic security as designated by the Inspector of Mental Health Services".

My concern in this regard is the use of the term "care or treatment". It has been suggested to me that "treatment" means one has to have a cure, but that is not so. I have looked up the meaning of "treatment" in medical and legal dictionaries. In one medical dictionary, "treatment" is defined as "the means employed in the management and care of people". It does not mean that a cure will be possible. Butterworth's Legal Dictionary states that "treatment in relation to disease includes anything done or provided while alleviating the effects of the disease, whether it is done or provided by way of cure or not". The definitions are much the same and, therefore, I think people are entitled to both care and treatment.

The term "care or treatment" makes it look like the care is custodial — as it involves detaining the person — and the treatment is optional. The Minister should insert the term "care and treatment" in this section. I am also suggesting that the centres should be designated as high, medium or low security. The matter that concerns me most, however, is substituting the term "care and treatment" for "care or treatment".