Compensation Bill [Lords]

I am grateful to the hon. Gentleman and sorry that we did not reach that part of the debate. In Committee, he cited the example of a car accident in which one of the people involved is unconscious and the other person is a doctor, and asked whether the doctor should not do what he can to look after the injured person. I considered that carefully in discussions with officials, parliamentary counsel and others and those discussions confirmed that that area is sufficiently covered by section 5 of the Mental Capacity Act 2005, which will come into effect next April. It provides that if a person acts in connection with the care or treatment of a person who lacks capacity in respect of the matter in question and it is in his or her best interest for that treatment to take place, the person providing the care or treatment does not incur any liability that he would not have incurred if the injured person had been able to consent. That does not prevent a claim from being made if the person has been negligent in providing the care or treatment, but in respect of the provision of that care or treatment, it is sufficiently covered under section 5 of the Mental Capacity Act 2005. I hope that that sufficiently reassures the hon. Member for Montgomeryshire (Lembit Öpik).