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by Munro Research

Mental Health (Discrimination) Act 2013


Official Summary

A Bill to make further provision about discrimination against people on the grounds of their mental health; and for connected purposes.

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Overview

This bill aims to remove discriminatory practices against individuals with mental health conditions in various areas of public life, including Parliament, jury service, and company directorships. It repeals legislation and common law rules that disqualify people based on their mental health status.

Description

The Mental Health (Discrimination) (No. 2) Bill makes several key changes:

  • Parliamentary Membership: Repeals the disqualification of Members of Parliament (MPs) and members of devolved bodies due to mental illness. This removes a common law bar to candidacy and sitting in the House of Commons.
  • Jury Service: Amends the Juries Act 1974 to remove the automatic disqualification of individuals solely based on being liable for detention or residing in hospital due to mental disorder. The criteria for disqualification from jury service is revised.
  • Company Directorships: Removes provisions in company regulations that allow for the termination of a director's appointment on the grounds of mental health.
  • Consequential Amendments: The bill includes a schedule of consequential amendments and repeals to other acts of Parliament to align with the main changes.

The bill's provisions relating to Parliament and company directorships will come into effect two months after the Act is passed. The changes to jury selection will be implemented on a date set by the Secretary of State.

Government Spending

The bill is not expected to have a significant impact on government spending. The primary cost is the administrative changes required to implement the legislation.

Groups Affected

  • People with mental health conditions: The bill aims to protect this group from discrimination in various aspects of public life, potentially leading to increased opportunities for participation in Parliament, jury service, and business leadership.
  • Members of Parliament: The bill removes a legal barrier to candidacy for individuals with mental health conditions.
  • Potential jurors: The bill expands the pool of potential jurors.
  • Company Directors: The bill provides increased job security to those with mental health conditions in their role as directors.
  • Government Departments and Agencies: These will need to adapt their processes to reflect the changes in the law.
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