Proposed National Assembly for Wales (Legislative Competence) (Health Services and Social Welfare) Order 2009 : fourteenth report of session 2008-09, report, together with formal minutes, oral and wri

Current legislation on mental health is largely designed for people who may become subject to compulsion and liable to detention.

It does not deal with the provision of assessment, the treatment and advocacy services outside the legal framework of compulsion.

The proposed order would entitle people who appear to be suffering from mental disorder, but do not yet have a firm diagnosis, to obtain early assessment of their condition and need for services.

The Committee agrees that a clear need for the proposed order has been identified.

The UK Government's current view is that it does not wish to introduce legislative powers in this area, so the legislative competence order in council is the most appropriate legislative route available.

The Committee supports the proposed order, but recommends some amendments to it and the explanatory memorandum in order to clarify certain matters.