Mary Henry (Independent)

I move amendment No. 128:

In page 16, before section 13, to insert the following new section:

13.—(1) In relation to any person remanded into custody or sentenced to imprisonment, the Minister shall—

(a) have the power to give a transfer direction if he or she is satisfied by reports from two registered medical practitioners, one of whom is a consultant psychiatrist on the staff of the Central Mental Hospital, that the person is suffering from a mental disorder (within the meaning of the Mental Health Act 2001) and is in need of in-patient care and treatment in the Central Mental Hospital,

(b) in the case of all remanded prisoners, the court shall be informed of the making of this order and that the person has been transferred to the Central Mental Hospital.

(c) at the request of the clinical director of the Central Mental Hospital, the Governor of the prison from which the prisoner was transferred shall provide for transport and security for court appearances or other purposes,

(d) the person shall be detained in the Central Mental Hospital for treatment and shall have the same protections and rights as are contained in the Mental Health Act 2001,

(e) if the person is a prisoner who is on remand he or she shall be detained in the Central Mental Hospital until sentenced by the court, and

(f) the person has been sentenced by the courts he or she shall be detained until the expiry of the sentence.

(2) In both cases the person shall be detained until the relevant consultant psychiatrist forms the opinion that the person is no longer in need of in-patient treatment or care at the designated centre and the consultant psychiatrist shall forthwith notify the Minister of this opinion; and

(3) Where the remanded or sentenced prisoner appeals successfully against his or her continued detention in the Central Mental Hospital to a Mental Health Tribunal, the Mental Health Tribunal shall forthwith notify the Minister of this decision and the Minister shall then order the return of the person to the prison from which that person was transferred.".

I welcome the provisions of section 13 because there are serious difficulties about the legality of the transfer of prisoners. All those in the psychiatric service to whom I have spoken are anxious that this whole area should be straightened out. However, my amendment proposes to change the wording of the section. I believe my wording is better than the Minister's. Some of the conditions are the same. The section is self-explanatory and as we are on the home strait, I do not wish to delay any more on this matter.