Contributions
967 recent contributions in Hansard
HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)Clause 2 allows caregivers, in limited situations, to deprive someone of their liberty for a short period of time prior to an authorisation being in place or in an emergency. That…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fifth sitting)The reason for that is quite simple. The Law Commission’s draft Bill had a whole lot more scope and took into it things that we have not been able to look at as part of this…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)It is a pleasure to serve under your chairmanship once again, Mr Pritchard. Clause 2 relates to the authorisation of steps necessary for life-sustaining treatment or vital acts.…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I understand that hon. Members want the Court of Protection to consider matters such as whether an IMCA is appointed or an AMCP is involved. That would mean that the court was…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Clause 3 sets out that the Court of Protection can hear challenges in relation to liberty protection safeguard authorisations. The court already considers challenges under the…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)With your leave, Mr Pritchard, I will speak about amendments 14 and 15 before moving on to the clause stand part debate. The amendments amend section 36 of the Mental Capacity Act…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)The hon. Gentleman might be slightly misquoting me. I have spoken in general terms about the code of practice, and have indeed circulated a draft of what will be included in it…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I thank hon. Members for initiating this discussion. Amendment 52 would delay the introduction of liberty protection safeguards until the Department has fully responded to the…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Yes, of course I will go on to talk about the transition between the two systems and the backlog. I also say gently to the hon. Lady that she and others may be in the fortunate…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I agree with the hon. Gentleman—the whole of the health and social care system needs funding, and that is where the additional money for the NHS comes in. The Government have…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)We have to be careful not to conflate our language. There is no intention to save money on the process. We know that if DoLS were implemented correctly all across the country, as…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I beg to move amendment 1, in clause 5, page 4, line 25, leave out subsection (9). This amendment removes the privilege amendment inserted by the Lords.22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Parliamentary procedure requires a privilege amendment to be included in a Bill that starts in the House of Lords and has financial implications. It is then removed in the House…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I beg to move, That the clause be read a Second time. The new clause provides statutory clarification in relation to the meaning of deprivation of liberty for the purposes of the…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)Is the hon. Lady suggesting that there should not be a definition?22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)I think it would be helpful if I began by setting out how we got to where we are, for the sake of clarity, although I know that many hon. Members know this. The case of MIG and…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)The decision to put the definition in the Bill was made in the House of Lords. We had to work carefully on the definition. That information has been shared with stakeholders only…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Sixth sitting)We are talking about the definition. I am not saying we have co-produced it with stakeholders, but we have given a copy of it to stakeholders, asked for their feedback and asked…22 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fourth sitting)I am sure we all agree that the role of an AMCP is incredibly important in ensuring that cases under liberty protection safeguards are identified as needing to be referred to a…17 Jan 2019HANSARDMental Capacity (Amendment) Bill [ Lords ] (Fourth sitting)I am very grateful for that clarification, Mr Pritchard. I have mixed my contributions on the two amendments together, so I will combine the two, if that is all right with the…17 Jan 2019