Call for bill to protect mentally ill

Mental Health Nursing,  Jul 2004  by Pollock, Laurence

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Mental health charities have welcomed new proposals to strengthen the definition of 'disabled' to help protect people with mental illness.

The recommendation is contained in a report by an all-party Committee of MPs and Peers examining a draft Government bill on disability.

The Committee's report, published in May, recommends ways for the Government to improve its Draft Disability Discrimination Bill. A key proposal is that the rules on who is counted as disabled should be amended in light of evidence that people with mental illnesses are not properly protected. The report makes 75 recommendations and conclusions, including removing the requirement that mental illness must be 'clinically well recognised' before it is covered. The government is expected to respond this month.

The Committee also recommended that the following activities be added to the list of 'normal day-to-day activities' used to define disability:

Ability to care for oneself

Ability to communicate and interact with others

Perception of reality.

The Committee has also recommended that limiting coverage to those whose condition is long-term - i.e. lasting more than 12 months be altered to include people who experience separate periods of depression totalling six months in any two year period.

The Chairman of the Committee, Lord Carter, said: 'We congratulate the Government for bringing forward the Draft Disability Discrimination Bill, but the Bill could go further to improve opportunities for disabled people. The chances to legislate on disability issues are few and far between - the Government should seize this opportunity to deliver for disabled people.

'The full Bill should be introduced into Parliament as soon as possible. Our recommendations need not cause additional delay and will help to forge a coherent and practical path towards full rights for disabled people.'

Brian Rogers, Professional officer for the MHNA said the committee's proposals were very welcome and it was essential they were implemented. 'Mental health nurses are all too aware of the disadvantage and exclusion that service users experience. Their disability is, in many respects, more difficult to deal with and more stigmatising than physical or sensory disabilities. The government must not miss this opportunity.'

Paul Farmer, Rethink's Director of Public Affairs, said: 'Government action is needed now to create antidiscrimination law that will help end the prejudice, ignorance and fear that surround mental illness.'

Mind said the report was a victory for people with mental health problems over 'discriminatory' discrimination law.

Only a quarter of people with diagnosed mental health problems in England are in work. However, for those who have been excluded from work against their will, the current law offers little protection, covering mainly physical disabilities.

Mind's policy director Sophie Corlett, said: 'Every year, thousands of people with mental health problems are being unfairly discriminated against, and current law gives them absolutely no protection. It is high time for a new approach that will give people with mental health problems equal rights with people with physical disabilities.

'We are very pleased that the Joint Committee has thrown its weight behind Mind's arguments, and we are looking forward to a swift response from the Government, followed by a new Bill which will protect the rights of people with mental health problems to equality in employment, education and access to goods and services.'

The Royal College of Psychiatrists welcomed the Joint Committee's recommendations: 'In our evidence to the Joint Committee, the College recommended that the definition of disability be extended so that people with mental illness are not excluded from the protection of the Act', said Dr Jed Boardman, chair of the General and Community Faculty of the College.

'The College views the Draft Disability Discrimination Bill as providing the one legislative framework whose entire purpose is to increase social inclusion and prevent discrimination. The improvements to the Act give an important signal that people with a mental health problems should be fully included in the disability rights agenda.'

www.parliament.uk/parliamentary_ committees/dddb.cfm

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