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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 directorship.

Description

The Mental Health (Discrimination) (No. 2) Bill repeals legislation and common law that disqualifies people with mental health conditions from certain roles. Specifically:

  • Parliamentary Membership: It removes the disqualification of Members of Parliament (MPs) and members of devolved bodies based solely on mental illness.
  • Jury Service: It amends the Juries Act 1974, removing automatic disqualification for individuals solely due to being liable for detention under the Mental Health Act 1983 or residing in hospital due to mental disorder. The criteria for disqualification from jury service will now focus on capacity to serve, not just the diagnosis of mental illness.
  • Company Directorships: The bill removes provisions in company regulations allowing for the automatic removal of company directors based on mental health grounds.

The bill also includes consequential amendments to other legislation to reflect these changes, ensuring consistency across related Acts.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The primary costs will relate to the administrative changes needed to implement the new legislation.

Groups Affected

  • Individuals with mental health conditions: This bill aims to remove barriers to participation in public life for this group, potentially increasing their representation in Parliament, on juries, and in corporate settings.
  • Members of Parliament: This group will no longer be subject to disqualification based solely on mental health conditions.
  • Potential Jurors: Individuals with mental health conditions will have greater opportunities to serve on juries, subject to individual assessments of fitness to serve.
  • Company Directors: Directors with mental health conditions will have increased job security, preventing arbitrary dismissal.
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