This revised Bill is the biggest reform of mental health legislation since the 1950's. It will provide improved safeguards for patients and better procedures for treatment to the small minority of people with mental health problems who need to be treated against their will to prevent them from harming themselves.

It also provides a diversion from prison for non-dangerous offenders with mental health problems and provides better protection to the public from those who are deemed a risk to others, by ensuring they receive the treatment they need.

Health Minister, Rosie Winterton, said:

"The revised Bill represents the first major overhaul of the legislation since the 1950s and is an integral part of the Government's wider strategy to improve mental health services for all; reflecting developments in human rights law and providing a legal framework in line with modern services and treatments.

"We have held extensive discussions with stakeholders since we published a draft Bill for consultation in 2002 and we believe that we now have a Bill that puts a new focus on the individual, allowing compulsory powers to be used in ways that fit with patients' changing needs.

"One of the fundamental aims of the Bill is to help make community care work for the people who need it most. Patients in the community who are ill and vulnerable or at risk will now be able to get the treatment they need.

"Safeguards for patients will also be greatly strengthened with choice of representative, access to advocacy and all use of compulsory treatment beyond 28 days having to be authorised by a new independent Mental Health Tribunal.

"People will only be subject to treatment under the Bill if they are at risk of harm to themselves or others. The bill means that the small minority of people with mental health problems who need to be treated against their wishes, normally for their protection but occasionally to protect the public, will get the right treatment at the right time.

"To make sure we get the legislation right we have asked a Joint Parliamentary Committee to scrutinise the draft Bill, and we look forward to receiving their report."

Home Office Minister, Paul Goggins, said:

"The provisions that enable dangerous and serious offenders to be detained in hospital for mental health treatment will stay in place. The vast majority of people with mental disorders are not a risk to others, but a minority are - and the law obviously needs to recognise this.

"We will not compromise public safety. If we are to protect the public we must ensure that those with a mental disorder who are a risk to others receive the high quality mental health treatment they need. The Bill will help to achieve this.

"It also enables non-dangerous offenders who do not pose a risk to others to receive mental health treatment under sanction in the community. This means that the offender will receive the mental health treatment he or she needs to reduce the risk of re-offending."

National Director for Mental Health, Louis Appleby, said:

"We are determined to develop an effective Act that best serves the interests of people with mental health problems. It will be for clinical and social care staff to decide whether, in their professional judgement, it is clinically appropriate to treat someone under the act. If they decide that they are not then compulsory powers cannot be used."

"The criteria for compulsory treatment under the Bill are carefully drafted - to make sure that only people who need compulsory treatment receive it. Mental health services will have a duty to respond to requests for assessment and patients who are treated under the Bill will have to have an individual care plan focussed on their individual needs."

Having listened to stakeholders and responses to consultation the Government has made significant changes to the 2002 draft of the Bill. The new draft has:

-- changed the definition of mental disorder to emphasise that it is the effect rather than the underlying cause which is important;

-- defined the conditions for compulsion differently, to raise the threshold for the health and safety of patients and to make clear that appropriate treatment must be available for the individual patient;

-- meant that a period of hospital assessment will normally be a prerequisite to treatment subject to sanction in the community;

-- extended the proposed functions of the Healthcare Commission;

-- allowed people to refuse Electro Convulsive Therapy if they retain mental capacity, and

-- increased the maximum sentence for people convicted of ill treatment or neglect of patients.

The Pre-legislative scrutiny committee will take evidence from interested parties and will give the issues consideration. It will then recommend to the Government whether any changes should be made to the draft Bill. Pre-legislative scrutiny provides a further opportunity for stakeholders to have an input in developing an effective piece of legislation.

Notes to editor

1. To obtain a copy of the revised draft of the Bill, an easy-to-read version and a summary of the responses to consultation please visit the above link.

2. Because of the complex nature of the Bill, the Government decided to submit it to pre-legislative scrutiny. For more information about pre-legislative scrutiny and membership of the committee please visit the above link.

3. Back in 1998, the Government set up an expert committee to advise on how mental health legislation should be shaped to reflect contemporary patterns of care and treatment and to support government policy. In 2002, a draft Bill was published for consultation. Since then, the comments received on that draft have been considered in full, and, following further work and meetings with stakeholders, a revised draft Bill is now being published to undergo parliamentary scrutiny.

4. There is a major programme of work underway on the implementation of the planned legislation. One of the key areas is around workforce. It is estimated that about 900 additional members of staff of all types, including 130 new psychiatrists, will be needed mostly because of the new safeguards. There are substantial increases already planned in the workforce groups, which are most affected by the Bill and, these, along with new ways of working, should ensure the availability of sufficient staff. The implementation programme also addresses the training requirements of the relevant staff.

One of the other key areas addressed by the implementation programme is research - we will be investing £2.5M over the next 5 years to carry out research into the new mental health legislation. We want to ensure that the implementation of new mental health legislation should as far as possible be evidence-based and its impact comprehensively and independently evaluated. We will be establishing a group to advise on developing the cop which will include patient and carer groups."

5. For further media enquiries please contact Ben Lewis on 020 7210 5229 and Katie Robinson 020 7210 5329