Mental Health Act 1983 (Repeal of Section 141)

Thursday 3rd February 2011 Written Statements

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

Section 141 of the Mental Health Act 1983 sets out a process by which MPs are to vacate their seats if they have a mental health condition and are authorised to be detained under mental health legislation for a period of six months or more. The process involves the Speaker of the House of Commons receiving reports from registered medical practitioners. If the Speaker receives two such reports, six months apart, that the MP is in such detention, the Speaker lays both reports before the House of Commons and the MP’s seat automatically becomes vacant. Section 141 also applies in relation to the devolved assemblies with the presiding officer of each assembly performing the functions of the Speaker.

Although the provisions in section 141 have never been used, this section is symptomatic of an outdated attitude towards mental illness which is out of touch with the modern understanding of mental health. It treats mental ill health differently from physical ill health. It sends out the message that if you have a mental health condition, your contribution is not welcome in public life. That is a message this Government wish to change.

This Government agree with the all-party parliamentary group on mental health that section 141 should be repealed as soon as possible—a view endorsed by the Speaker’s Conference (on Parliamentary Representation) Final Report (2010) HC 239-1, paragraph 327.

We will introduce provisions to repeal section 141 at the earliest opportunity.