Welsh Government introduces draft Bill after Mental Health Review Tribunal for Wales stops medical members without current licence to practise from sitting on cases

This comes after a technical issue was identified in relation to the definition of “registered medical practitioner” in the Mental Health Act 1983, which requires an individual appointed to the MHRTW to hold both General Medical Council (GMC) registration and a licence to practise. 

The President of Welsh Tribunals has advised there are now just 19 medical members of the MHRTW who are available to sit on cases.

In response to this, Julie James MS, Counsel General and Minister for Delivery, has published a draft Bill which, if passed by the Senedd, is intended to ensure the Mental Health Review Tribunal for Wales (MHRTW) can continue to carry out its statutory duties.

In a written statement published last week, James said: “Members without current licences, who are often retired from practice, have sat on a disproportionately high number of the tribunal’s cases. All medical members of the MHRTW are GMC registered.

“The Welsh Ministers’ view, as a matter of policy, is that a current licence to practise should not be a requirement to sit as a medical member of the MHRTW.

“The Bill therefore seeks to give effect to the policy intention that the qualifying criterion for medical members of the tribunal is to be registered within the meaning of the Medical Act 1983, but that they are not required to hold a licence to practise under that Act. This will align the tribunal’s eligibility requirements with those in England.”

According to Welsh Government, the legislation would also provide that persons who were previously appointed as medical members, but who did not hold a licence to practise (whether at the time of appointment or at any other time), were validly appointed and were valid members of the tribunal at all times.

Lottie Winson