Contributions
726 recent contributions in Hansard
HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I gave some good examples of cases where the Government’s definition clashes with case law, which is why I think it will run into problems very soon. It is still the Opposition’s…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I beg to move amendment 46, in schedule 1, page 21, line 42, leave out sub-paragraphs (1) and (2), and insert— “39 (1) The responsible body must take all reasonable steps to…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I constantly get the feeling when I listen to the Minister that she is describing a happy situation that, unfortunately, the evidence suggests does not exist. The notion that she…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Indeed. It is salutary to use the following quotation again: “Whatever the weight given to the Code by section 42 of the Mental Capacity Act 2005, it does not create an obligation…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Over the last few sessions, we have talked at great length about when it is appropriate to deprive somebody of their liberty and how can we prevent this being done…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Government amendments 14 and 15 will alter the power to make regulations under the Mental Capacity Act 2005. It is fair to call them drafting amendments to fill an obvious gap in…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I beg to move amendment 45, in schedule 1, page 19, line 34, at end insert— “(2) In varying an authorisation, the responsible body may also consider— (a) whether the cared-for…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)The Minister says she is tempted by the amendment. It is about time, because she accepted the recommendations when she accepted the Law Commission’s report, and I have even read…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)Obviously, it is an extensive amendment. There are two issues, and I will go on in a moment to talk about how important it is to keep in contact with the cared-for person. It is…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)Given that the Minister has just expressed her view on how we are presenting our views on best interest, I hope I can summarise the examples that we have given and the view that…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)The Minister said that that is clear. How is it clear? It is not clear anywhere in the Bill that there have to be constant visits. Where is that provision in the Bill?22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I am surprised that the Minster seems to be referring to an advocate as someone who will get in the way of the parents. When I have met parents—I have met Bethany’s father—a great…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)The Minister seemed to imply—I think she used similar words—that appointing an IMCA will be the default, but that is not the case in the Bill. The Bill states that an IMCA should…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)The Minister knows that that is not an accurate interpretation of what I am saying. We spent a fair amount of time talking about independent hospitals, which are still a massive…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)That is very much the case. To summarise the debate, on the Labour Benches we have given some very powerful examples of the value of advocacy. I have been very impressed by the…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I understand that the amendments are designed to address the interface between the Mental Capacity Act and the Mental Health Act, and to keep that interface exactly the same as it…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I beg to move amendment 16, in clause 2, page 2, line 12, at end insert— “for a maximum period of 14 days”. This amendment will limit the duration of an emergency authorisation to…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)It is interesting that the Minister is being so selective about which of the Law Commission’s recommendations she is accepting. I challenged her earlier about a recommendation…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I am astonished that the Minister thought it was okay not very long ago this morning to not accept a Law Commission recommendation and then, in her very next speech, put forward…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)I beg to move amendment 17, in clause 2, page 3, line 4, at end insert— “(10) Where this section is relied on to deprive a cared-for person of his liberty, the person relying on…22 Jan 2019