Contributions
967 recent contributions in Hansard
HANSARD Mental Capacity (Amendment) Bill [Lords]Of course, any organisation representing these vulnerable people that raises concerns deserves to have them listened to, and I am sure that the vast majority are legitimate…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I am going to make little progress now because I have a lot more to say and I know that other Members want to speak as well.12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I am actually coming to that very section of the Bill now. We are proposing that a review of an authorisation will be completed by an approved mental capacity professional when an…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I do not think it is ever possible to say that. This particular area of law has always been open to legal challenge. We decided to include a definition because so many…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I am here today to prove my mettle. I will start by stating the obvious: our liberty is our most fundamental human right. The challenge today is that the current system of…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I am afraid that I will not take any more interventions because Mr Deputy Speaker might fall out with me entirely. In short, care home managers will be responsible for…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I am afraid that I cannot take any more interventions at this stage. Our Bill allows the person themselves to request an IMCA from the responsible body if they have the capacity…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]The backlog of 125,000 people without the safeguards they need, with their families lacking reassurance and with the people who care for them lacking legal protection, is an…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]The hon. Lady is making a powerful case and she talked about many such cases in Committee. Does she agree that this shows exactly why the DoLS system needs overhauling? It is not…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]Under the new system, family members and parents will be listened to, because they will be the approved person, the representative and the advocate. Their voices will be heard,…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]As a Justice Minister, I was responsible for lasting powers of attorney and we spent a lot of time trying to convince people to make those sorts of decisions for themselves as…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I accept that there were a number of concerns, but we made changes to say that care home managers would not in any way be responsible for authorisation or for pre-authorisation…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]Yes, that definition is included in the Bill, and it is also expected that people will have an advocate. That is an approved person; it can be a family member or loved one or it…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]Yes, we envisage that there will be training and we will be working with partners such as Skills for Care to look at the best ways of implementing that sort of support.12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]The role of the family is much greater in this amended legislation than it is currently. A number of families have told us through our work on this Bill that they feel very…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I think that there must be some confusion. The case studies will be part of the code of practice. They will be gathered together in the document, and third-sector organisations…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]The Bill is very clear about the skills and qualifications necessary for those carrying out the assessments, but the code of practice that goes alongside the Bill will be carried…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]I beg to move, That the Bill be now read the Third time. Our liberty is the most fundamental of our human rights. By passing this Bill, we can be proud that we have helped to…12 Feb 2019HANSARD Mental Capacity (Amendment) Bill [Lords]My hon. Friend raises a very important point. I am grateful to him for all his feedback on this Bill, because it is very helpful to be able to speak to somebody from a medical…12 Feb 2019