The long-awaited Mental Health Act is still awaiting clearance from the Attorney General, two years after it reached his office.

The government had promised to implement the law by the end of 2009, but the draft law, which will overhaul the care and well-being of mental health patients, is still awaiting approval by the Attorney General, according to Community Care Parliamentary Secretary Mario Galea.

"Problems regarding guardianship were raised by the Attorney General's office. I am informed that these were thrashed out by the Health Division and the Attorney General," he told The Sunday Times. "We are currently waiting for the draft to be cleared."

But Doris Gauci, CEO of Richmond Foundation, said the delay was unacceptable. "We have been waiting for years for this law. No one campaigns for mental health - these patients are treated like second class citizens."

Describing the current law as ancient and unfair, she said: "Is it fair that someone is handed a treatment order that keeps them at Mount Carmel Hospital for a year?"

Ms Gauci has been calling for the law to be discussed in Parliament since the Bill has been held up at the Attorney General's office.

"There are people who have worked on the law for years and now it's time to put it in place," she said.

The government's inaction made it very clear that the new law was not a priority because otherwise it would have put pressure to bring it into force, she said.

"The pressure is not there - other laws, those related to the EU for example, passed quickly through the Attorney General's office," Ms Gauci said.

One of the provisions in the new law relates to the appointment of a commissioner to oversee new hospital admissions, the individual's treatment plan and the length of their stay.

Mr Galea said the government was already implementing parts of the new law, such as extending psychiatric services to the community.

However, Ms Gauci argued that such implementation could not take place until the law came into force.

"The last time I saw the draft was two years ago and I don't know what changes were made since then."

Questions sent to the Attorney General's office remained unanswered.