Health Minister Joseph Cassar has described the Mental Health Bill as “a great leap forward” from the existing Act as patients now had full autonomy in safeguarding their rights without interference.
Winding up the debate in the second reading of the Bill, Dr Cassar said it put patient respect, protection and promotion of their rights at the centre. These include the right to information, dignity and respect, confidentiality, access to clinical records, privacy and free communication within a secure environment.
The Bill also changed the criteria on involuntary admission, decreasing the number of days and weeks in cases of observation, treatment and emergency orders.
Minister Cassar said that an innovation in the Bill was the setting up of community care with admission being kept as the last resort. The Bill provided a number of checks and balances so that patients could take the necessary decisions.
It set up the office of the commissioner for the protection of rights of people with mental health problems, who could request three specialists to evaluate the patient’s mental condition. Other safeguards regarded minors admitted in involuntary care.
People could be admitted in involuntary care when they were suffering from severe mental disorder, were of harm to themselves and to others and their health could deteriorate if care was not given.
Minister Cassar said that he disagreed with the Opposition that the commissioner be appointed in agreement between the Prime Minister and Leader of the Opposition.
He said the Prime Minister should have the freedom to appoint the commissioner, who was accountable to the Health Minister. Any decisions could be appealed in the court of voluntary jurisdiction.
The House also approved in second reading the Data Protection (Amendment) Bill and two motions on the transfer of immovable property.