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Wallace sets out how Ruddle loophole will be closed
27/08/1999
Minister for Justice, Jim Wallace today revealed that the emergency Mental Health legislation being introduced to the Scottish Parliament next week will contain five key provisions to close the loophole exposed by the Noel Ruddle case.
Mr Wallace briefed Roseanna Cunningham MSP and David McLetchie MSP this morning in St Andrew's House, Edinburgh. He told them that the Bill will:
* Require the courts to take public safety into account when considering applications for release and matching the obligation on the First Minister;
* Introduce a right of appeal for both parties;
* Introduce a power to detain patients pending the outcome of an appeal by the First Minister;
* Make it plain that the definition of mental disorder includes personality disorder;
* Cover all appeals heard after the day on which the legislation is introduced to the Scottish Parliament.
Speaking after the meeting Mr Wallace said:
"When I last met Roseanna Cunningham and David McLetchie to discuss the implications of the Ruddle ruling I told them that I would introduce legislation when Parliament returned from recess. This morning I made it clear that that promise will be kept. A Mental Health Bill will be introduced next week.
"In the intervening weeks a number of complex legal hurdles have had to be overcome. We had to ensure that the legislation would be compatible with the European Convention on Human Rights. The Scotland Act does not allow Ministers to bring forward legislation that is incompatible. I am now confident that we have a robust and effective piece of legislation that will stand up to challenge in the courts.
"I was heartened by the constructive nature of our discussion and the acceptance by both parties that fast track legislation was the correct way to close the Ruddle loophole.
"The key issue raised by the Ruddle case was where a Sheriff has no alternative but to release a mentally ill patient if he is untreatable. Our legislation will place a requirement on the Courts to take public safety into account when considering an application for release. The Sheriff in Lanark was unable to do this in the case of Noel Ruddle. That is the loophole we are closing. It will now be absolutely clear that personality disorder is included as a mental disorder.
"While this emergency legislation closes the specific loophole exposed by the Ruddle case, the Executive had already asked two expert committees to carry out a wider and more detailed examination of the law in this area. The MacLean Committee are examining sentencing of people with personality disorders and will report early next year, with the Ruddle judgement in mind.
"The Millan Committee are looking afresh at Scotland's mental health law. Their report next summer will pave the way for a fully modernised mental health bill in this Parliament".
News Release: SE0438/99
27 August, 1999