Counsel General Julie James said: “A technical issue has been identified in relation to the definition of ‘registered medical practitioner’ in the Mental Health Act 1983, which requires an individual appointed to the Mental Health Review Tribunal for Wales to hold both General Medical Council (GMC) registration and a licence to practise.
“Following the identification of this issue, the president of MHRTW has decided to stop members without a current licence to practise from sitting on cases.
“This puts the tribunal’s ability to meet its statutory timeframes for hearings at considerable risk.”
The president James refers to, Jane McConnell, has been in the role for three months, external.
MHRTW had 43 medical members in 2024-25, but that number drops to just 19 eligible to sit on cases after McConnell’s decision.
Simon Jones, Head of Policy and Campaigns at mental health charity Mind Cymru said: “Timely mental health tribunals are vitally important.
“Delays can be harmful to the wellbeing of people who are sectioned, as well as undermine their rights.
“It’s deeply concerning that an emergency bill is needed to enable the tribunal to access medical representatives for upcoming hearings.
“The announcement raises several questions about how this situation was allowed to develop to the point where there is a risk to future hearings.
“Both Welsh government and the tribunal must provide reassurances that medical members will have up-to-date clinical experience and that there is sufficient capacity for hearings whilst this legislation goes through the Senedd.”
There is likely to be disruption until the new law comes into force.
James, Labour Senedd member for Swansea West, went on to say that the MHRTW president had asked the 19 remaining members to make themselves available as much as possible.
But she warned: “The clear advice of the judiciary is that there are not enough medical members to cover the volume of cases listed in the coming weeks.
“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.”