The Government published its new Mental Health Bill today, which it said would toughen up existing laws and offer "more protection for public and patients".

The Bill will allow people with untreatable personality disorders to be detained even if they have not committed a crime.

Ministers also want to introduce supervised treatment in the community to ensure that patients comply once they are discharged from hospital.

Its publication by Rosie Winterton, the Health Minister, comes a day after a report found that the murder of Denis Finnegan, a retired banker, by a paranoid schizophrenic, could have been avoided.

An independent inquiry in the treatment of John Barrett, 42, recorded that he was allowed to walk out of a secure unit despite a history of violence and mental illness. Barrett killed the 50-year-old retired banker, as he cycled through Richmond Park on September 2, 2004.

Leading mental health charities and organisations have strongly criticised the Bill as "unfair, unnecessary and unfit for purpose". They said they fear that the new legislation would give patients less protection than existing laws.

Paul Corry, director of public affairs of Rethink, a mental health charity, said: “Rethink deeply opposes the Government’s plans which are unfair, unnecessary and unfit for purpose.

“We have been working to counter plans for the Mental Health Bill,
in coalition with the Mental Health Alliance for eight years and have called for a workable and ethical solution to providing the proper care and treatment that people with severe mental illness deserve in the 21st century.

"High profile inquiries that have looked into cases such as John Barrett and Michael Stone haven’t recommended a change in legislation, but rather have highlighted the lack of resources, beds and appropriate treatment.”

Professor Sheila Hollins, President of the Royal College of Psychiatrists, said: “The College is particularly concerned that any compulsory treatment should have a clear clinical purpose, and be of benefit to the patient.”

The Government intends to close a loophole where patients can only be sectioned if their condition is deemed treatable. The new law would allow doctors to section patients as long as it can be shown an “appropriate” treatment is available.

The Bill would introduce supervised community treatment (SCT), which the Government says will ensure patients comply with treatments when they are released from hospital. They would also make it easier to recall a patient to hospital.

Changes to the definition of mental disorder to a simplified version have also been criticised as too broad. Vernon Beauchamp, chief executive of the National Autistic Society, said: “It will mean that more people with autism will be wrongly detained."

The new Bill means mental health tribunals - which review patient cases to make sure they are being detained appropriately - will see more cases. There are also plans to broaden the number of health workers who can take on key roles in mental health.

Provisions on who is deemed a nearest relative will be changed. At present, a patient’s husband or wife followed by their oldest child is regarded as the nearest relative and ask a judge for the identity to be changed. The new law will allow patients to ask a judge to change who is the nearest relative.

Other changes - known as the Bournewood provisions - will mean that courts can act in the interests of people who lack the capacity to make decisions and are being deprived of their liberty in a care home or hospital.

Jo Williams CBE, chief executive of Mencap, said: "The proposals in the new Mental Health Bill for people who lack capacity and are deprived of liberty would leave thousands of disabled people, living in care homes and hospitals, with even less protection than patients detained under the Mental Health Act."

Publishing the Bill today, Ms Winterton said: "We want people to get the right treatment at the right time. We want to improve the safety of both patients and the public. This Bill will help ensure that people with serious mental health problems receive the treatment they need to protect them and others from harm."

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