Shortage of medical members prompts fast-tracked legislation to protect patients’ rights
A DRAFT emergency Bill has been published by Julie James MS, Counsel General and Minister for Delivery, aimed at ensuring the Mental Health Review Tribunal for Wales (MHRTW) can continue to carry out its statutory duties without disruption.
The MHRTW plays a crucial role in protecting the rights of people detained under the Mental Health Act 1983. Tribunal panels are required to include three members – a legal member, a lay member and a medical member. Medical members are appointed by the Lord Chancellor on the advice of the Judicial Appointments Commission.
However, a technical issue has recently been identified in the legislation governing eligibility for medical members. The Mental Health Act 1983 defines a “registered medical practitioner” as someone who holds both General Medical Council (GMC) registration and a current licence to practise.
As a result, the President of the MHRTW has taken the decision to prevent medical members without a current licence to practise from sitting on cases. This has placed the tribunal’s ability to meet its legal timeframes for hearings under serious pressure.
The President of Welsh Tribunals has advised that there are now only 19 medical members available to hear cases. Despite requests for those members to make themselves available as much as possible, judicial advice is clear that there are insufficient numbers to meet the volume of cases scheduled in the coming weeks.
Many of the medical members affected are retired practitioners who, while no longer holding a licence to practise, remain GMC registered and have historically sat on a significant proportion of tribunal cases.
Welsh Ministers have stated that, as a matter of policy, holding a current licence to practise should not be a requirement for serving as a medical member of the MHRTW.
The proposed Bill seeks to clarify the law by confirming that medical members must be registered under the Medical Act 1983, but do not need to hold a licence to practise. This would bring Wales into line with the position in England.
The legislation would also retrospectively confirm that medical members previously appointed without a licence to practise were validly appointed and lawfully sat on tribunal cases at all times.
The First Minister has written to the Llywydd requesting that the Senedd’s consideration of the Bill be expedited. If agreed, the Senedd will be asked to suspend Standing Orders to allow the introduction and passage of the Emergency Bill, with all stages completed by the end of 14 January. Consideration would begin when the Senedd returns on 13 January.
To support scrutiny despite the accelerated timetable, the Welsh Government has published the draft Bill alongside its submission to the Llywydd, in line with the approach taken for other Year 5 legislation.
Julie James MS said the statement was being issued during recess to keep Members of the Senedd informed, adding that she would be happy to make a further statement or answer questions when the Senedd returns.
The draft legislation is available on the Welsh Government website under the title Mental Health Review Tribunal for Wales (Membership) Bill.
