Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006

My Lords, I am grateful to noble Lords for their support for the regulations. Both noble Lords opposite raised issues about what we have learned from the IMCA pilot schemes. The pilot schemes have been working since January 2006 with people with dementia, brain injury, a learning disability or mental health needs where important decisions about medical treatment and residence are being made. We will be producing guidance for the national implementation of the IMCA service, which is based on the experience of the pilots. Cambridge University is undertaking a cross-site research project aimed at learning lessons from the seven sites and producing practical guidance. The short answer is that we will be drawing on the pilots in that way. The pilots will stop in April when, as I said in my opening remarks, the new service comes into operation across the country. In answer to another question, we have given a commitment both to monitor the service and to commission an evaluation of the new service across the country after the first year. That has been agreed to; we are committed to that; and we will take it forward. Yes, there is new money. The IMCA is being funded from that new money by the Department of Health through local authorities. There is £6.5 million for IMCAs and £12.5 million for the Act itself. The noble Earl, Lord Howe, asked whether we are pulling together the threads of a national strategy for advocacy. That is an important issue, but it is also important that advocacy services are bespoke to the sets of services that they are trying to provide and the needs that they are trying to meet. However, the different strands of advocacy will be brought together with one unified training qualification for all advocates. So we are moving in that direction, but I emphasise the importance of ““bespokeness””, if I may coin a new word, to ensure that people's particular needs are met. On care reviews, yes, IMCAs can work with people who have not been previously involved with an IMCA. We have given that commitment. Are there enough IMCAs? I am reliably advised that there is great interest in the role and there are lots of applications. On who will make sure that knowledge is available locally, each local authority is responsible for advertising the service—making its existence known—and local authorities have already started work in this area and are gearing up for those new responsibilities. The noble Baroness, Lady Barker, asked whether an IMCA should be appointed where a local authority is appointed as the deputy. The advice that I have been given is that it will be rare for the Court of Protection to appoint a director of social services as a deputy because of the potential conflict of interest. Where it does so, the court must be satisfied that he or she can perform his or her duties impartially. I shall look further into that and if there is any more that I can usefully add, I shall write to the noble Baroness and the noble Earl, Lord Howe. The noble Baroness also raised the issue of how the IMCA relates to the Bournewood situation. My understanding is that the Bournewood proposals would simply add another situation in which an IMCA would be appointed. We agree that guidance and training will be important and welcome the continuing involvement by all stakeholders in the Bournewood implementation advisory network. We are trying to join this together. I hope that I have answered most of the points made by noble Lords and that, after this constructive discussion, we can pass the regulations. On Question, Motion agreed to.