Contributions
726 recent contributions in Hansard
HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)I think it is worth quickly winding up on the Opposition’s three amendments. As I said earlier, it was right to extend the liberty protection safeguards to 16 and 17-year-olds,…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)I very much accept that point. Clearly there are difficult family circumstances and sometimes contact is not allowed. All the Opposition are saying in amendment 37 is that those…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)I agree with my hon. Friend that that argument makes the case for us. In amendment 37, we suggest that the Government adopt in the Bill the process for assessing risk that social…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)The Minister asks what an AMCP review adds; it adds independence at a point where family members are banned from contact, where 16 and 17-year-olds are involved. This is new…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)It is important that we do not tar all local authorities with the same brush. The overall situation is as the Minister presents it, but my hon. Friends are right to highlight that…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)The Minister is making an assertion there, but to my view, the crux of the Steven Neary case was that the social worker involved listened to the care home staff and not to Steven…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)It is not clear what the Minister is saying there. In the specific case of Steven Neary, which independent responsible body would have done that? The local authority is the…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)I beg to move amendment 19, in schedule 1, page 8, line 17, at end insert— “(aa) if the arrangements are for the cared-for person to be accommodated in an independent hospital for…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)Can the Minister say why the NHS long-term plan appears to go backwards on that? It is going from 25 people with a learning disability or autism in an in-patient unit per million…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)The point I was making very strongly, and which I ask the Minister to consider again, is that it is easy to see a situation in which the relationship between an independent…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)Our concern is that the Bill enshrines a fundamental conflict of interest by allowing independent hospitals to be the responsible body for deprivation of liberty in their own…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)We welcome this amendment, which gives clarity on arrangements in Wales, so that there is uniformity with England through the equivalent to continuing healthcare arrangements.…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)Opposition Members cannot support Government amendment 4. The evidence provided to this Committee by Lucy Series suggests: “Article 5(2) ECHR requires information to be provided…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)I very much agree with my hon. Friend. I understand the Minister’s difficulty with the code of practice. She has told us that it would have to be laid before both Houses, but the…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)I do not understand that point.15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)The Minister cites legal points, but I read out earlier that article 5 of the European convention on human rights requires that a person be given information about the legal and…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)There will be confusion about this, because the Minister is going back over what she has already said. Can she explain to me and my hon. Friends why the Government amendment would…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)I read out the evidence given by Lucy Series to this Committee. I am not a lawyer. We are talking about legal cogency, and I think that that is a difficulty, but the European…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (First sitting)On the point about control of family members, though, in a lot of places they are told that they are not allowed to visit. We will talk more about independent hospitals later, but…15 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Second sitting)I beg to move amendment 20, in schedule 1, page 12, line 12, leave out paragraph 14(b). This amendment makes provision for the responsible body to take on all functions relating…15 Jan 2019