UK Parliament / Open data

Mental Capacity (Amendment) Bill [Lords]

Debate on bills and Legislative Grand Committee proceedings (HC) on Tuesday, 12 February 2019, in the House of Commons, led by Caroline Dinenage. The answering member was Baroness Keeley.
Report stage. Amendment 1, discussed with other amendments, debated and withdrawn. Some amendments made. Amendment 49 negatived on division (252 to 303). Amendment 50 negatived on division (249 to 301). Amendment 51 negatived on division (249 to 300). Report stage completed. Sitting suspended for certification of the bill. House resolved itself into the Legislative Grand Committee (England and Wales). Consent motion agreed to on question. Occupant of the Chair left the Chair to report the decision of the Committee. Speaker resumed the Chair, decision reported. Third reading. Agreed to on division (299 to 241). Bill passed, with amendments.
Type
Parliamentary proceeding
Reference
654 cc791-848 
Session
2017-19
Procedure
Consent motions
Chamber / Committee
House of Commons chamber
Mental Capacity (Amendment) Bill
Monday, 11 February 2019
Research briefings
Mental Capacity (Amendment) Bill (HL) 2017-19. As amended in Public Bill Committee.
Tuesday, 22 January 2019
Bills
House of Commons
Proceeding contributions
Chris Bryant | 654 c792 (Link to this contribution)

I beg to move amendment 1, page 5, line 10, at end insert—

“(3A) Before making any regulati...

Lindsay Hoyle | 654 cc792-3 (Link to this contribution)

With this it will be convenient to discuss the following:

Government amendments 5 to 32.


Show all contributions (107)
Chris Bryant | 654 cc793-4 (Link to this contribution)

I will speak to amendment 1 and the three other amendments in my name and the names of several co...

Madeleine Moon | 654 c794 (Link to this contribution)

Is my hon. Friend aware of the problem that some members of the armed forces face with acquired b...

Chris Bryant | 654 cc794-5 (Link to this contribution)

My hon. Friend makes a very important point. I know the role she has played, in particular in the...

Jim Cunningham | 654 c795 (Link to this contribution)

While we are talking about sport, may I say that this does not involve only rugby players? There ...

Chris Bryant | 654 c795 (Link to this contribution)

I have had lots of discussions, some of them more fruitful than others, with the Football Associa...

Catherine West | 654 c795 (Link to this contribution)

Does my hon. Friend agree that this applies equally to those who play rugby league, and in fact p...

Chris Bryant | 654 c795 (Link to this contribution)

My hon. Friend makes a very good point. One of the things about rugby league and about rugby unio...

Lindsay Hoyle | 654 c796 (Link to this contribution)

The tut-tut was to say that the hon. Gentleman would benefit from knowing both types of rugby. Th...

Chris Bryant | 654 c796 (Link to this contribution)

I am glad I took that intervention. It is unusual to get an intervention from the Chair, but I th...

Chris Bryant | 654 cc796-7 (Link to this contribution)

I am tempted to make a point of order! No—you are absolutely right, Mr Deputy Speaker.

The ...

Madeleine Moon | 654 c797 (Link to this contribution)

My hon. Friend is being generous in giving way. One of the things that concern me most is that it...

Chris Bryant | 654 cc797-8 (Link to this contribution)

Yes. People will also attribute bad intention to the person when what is happening is that the sh...

Liz Twist | 654 c798 (Link to this contribution)

Does my hon. Friend agree that the all-party group inquiry heard some remarkable examples of peop...

Chris Bryant | 654 c798 (Link to this contribution)

Absolutely. One key thing that we saw repeatedly—this is an issue for the Bill, I think—was the f...

Dan Poulter | 654 c798 (Link to this contribution)

The hon. Gentleman is making some good points. The only point I would make to him is that without...

Chris Bryant | 654 cc798-9 (Link to this contribution)

I think the hon. Gentleman has just read, in some weird way, what I was about to say—he has a ver...

Janet Daby | 654 c799 (Link to this contribution)

A young person in my constituency has contacted me—she has a disability and works for a disabled ...

Chris Bryant | 654 c799 (Link to this contribution)

Yes, I do have that anxiety. I want to be a bit critical of the Government on that, because this ...

Steve McCabe | 654 c799 (Link to this contribution)

Before my hon. Friend concludes, since the code is going to be so central to the operation of the...

Chris Bryant | 654 cc799-800 (Link to this contribution)

Yes. The Government have effectively already said that, but to be really nasty, we should have ha...

Steve Brine | 654 c800 (Link to this contribution)

It is good to see the hon. Gentleman on his feet, but I hate to see him grumpy. He will have my r...

Chris Bryant | 654 c800 (Link to this contribution)

I am very happy with this Minister, but the other Minister—

Chris Bryant | 654 c800 (Link to this contribution)

That is true, but she has to prove her mettle on this. I do not mean that in a nasty way; I simpl...

Lindsay Hoyle | 654 c800 (Link to this contribution)

A lot of people want to speak, but we have to finish at 6 o’clock, so we only have 90 minutes.

Caroline Dinenage | 654 cc800-1 (Link to this contribution)

I am here today to prove my mettle.

I will start by stating the obvious: our liberty is our...

Norman Lamb | 654 c801 (Link to this contribution)

I understand the Minister’s concern not to impinge on the rights of disabled and elderly people, ...

Caroline Dinenage | 654 c801 (Link to this contribution)

Of course, any organisation representing these vulnerable people that raises concerns deserves to...

Catherine West | 654 c802 (Link to this contribution)

May I pursue the intervention from the right hon. Member for North Norfolk (Norman Lamb)? Is the ...

Caroline Dinenage | 654 c802 (Link to this contribution)

I do not think it is ever possible to say that. This particular area of law has always been open ...

Baroness Keeley | 654 c802 (Link to this contribution)

The Minister has just mentioned case studies, and she has mentioned them before. She has circulat...

Caroline Dinenage | 654 cc802-3 (Link to this contribution)

I think that there must be some confusion. The case studies will be part of the code of practice....

John Redwood | 654 c803 (Link to this contribution)

What provision does the Minister think should be made in the code for the families? Often the adu...

Caroline Dinenage | 654 c803 (Link to this contribution)

The role of the family is much greater in this amended legislation than it is currently. A number...

Jim Shannon | 654 c803 (Link to this contribution)

I received some correspondence from Age Concern, as the Minister knows. It wanted to raise two sp...

Caroline Dinenage | 654 c804 (Link to this contribution)

Yes, that definition is included in the Bill, and it is also expected that people will have an ad...

Jim Shannon | 654 c804 (Link to this contribution)

So the wishes and feelings of the loved ones and their families are at the heart of the Bill?

...
Caroline Dinenage | 654 c804 (Link to this contribution)

The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes an...

Madeleine Moon | 654 c804 (Link to this contribution)

Does the Minister agree that one of the most essential things everyone should do while they are w...

Caroline Dinenage | 654 c804 (Link to this contribution)

As a Justice Minister, I was responsible for lasting powers of attorney and we spent a lot of tim...

Caroline Dinenage | 654 cc804-5 (Link to this contribution)

I am going to make little progress now because I have a lot more to say and I know that other Mem...

Paula Sherriff | 654 c805 (Link to this contribution)

What assurances can the Minister give that the regulations will be genuinely co-created with prac...

Caroline Dinenage | 654 c805 (Link to this contribution)

The Bill is very clear about the skills and qualifications necessary for those carrying out the a...

Melanie Onn | 654 c805 (Link to this contribution)

I would like to thank the Minister for meeting me earlier to discuss the Bill. She was very gener...

Caroline Dinenage | 654 c805 (Link to this contribution)

Yes, we envisage that there will be training and we will be working with partners such as Skills ...

Catherine West | 654 c805 (Link to this contribution)

Could the Minister outline the role of care staff in preparing the documentation and making ready...

Caroline Dinenage | 654 cc805-6 (Link to this contribution)

I am actually coming to that very section of the Bill now.

We are proposing that a review o...

Liz Twist | 654 c806 (Link to this contribution)

Many hon. Members will have had a large amount of correspondence from constituents on this matter...

Caroline Dinenage | 654 c807 (Link to this contribution)

I accept that there were a number of concerns, but we made changes to say that care home managers...

Caroline Dinenage | 654 c807 (Link to this contribution)

I am afraid that I will not take any more interventions because Mr Deputy Speaker might fall out ...

Caroline Dinenage | 654 cc807-8 (Link to this contribution)

I am afraid that I cannot take any more interventions at this stage.

Our Bill allows the pe...

Sarah Wollaston | 654 c808 (Link to this contribution)

I thank my hon. Friend for giving way and for listening to many of the concerns that have been ex...

Caroline Dinenage | 654 c808 (Link to this contribution)

The backlog of 125,000 people without the safeguards they need, with their families lacking reass...

Lindsay Hoyle | 654 c808 (Link to this contribution)

The opening two speeches have taken 55 minutes, and we have to finish at 6 pm. I recognise that a...

Baroness Keeley | 654 cc808-9 (Link to this contribution)

We should not be in this position of having less than two hours on Report. This Bill has been rus...

Janet Daby | 654 c809 (Link to this contribution)

Does my hon. Friend agree that the Bill should be paused until the draft code of practice is read...

Baroness Keeley | 654 cc809-810 (Link to this contribution)

I very much agree with that. We have heard about a code of practice and regulations, but we canno...

Steve McCabe | 654 c810 (Link to this contribution)

While my hon. Friend is on the subject of care home managers, may I ask whether she agrees that i...

Baroness Keeley | 654 c810 (Link to this contribution)

I absolutely agree with that. Local councils face a serious resource issue, and we see a pressing...

Caroline Dinenage | 654 c810 (Link to this contribution)

The hon. Lady is making a powerful case and she talked about many such cases in Committee. Does s...

Baroness Keeley | 654 c811 (Link to this contribution)

I could not disagree with the Minister more, because what she is doing is putting people into the...

Caroline Dinenage | 654 c811 (Link to this contribution)

Under the new system, family members and parents will be listened to, because they will be the ap...

Baroness Keeley | 654 c811 (Link to this contribution)

It is not helpful if the Minister and I argue about this. We have had this argument enough times ...

Dan Poulter | 654 c811 (Link to this contribution)

I can understand where the hon. Lady’s concerns come from, but having had detailed discussions wi...

Baroness Keeley | 654 cc811-2 (Link to this contribution)

I thank the hon. Gentleman for that question. We have had no reassurances whatever. In fact, sinc...

Catherine West | 654 c812 (Link to this contribution)

Is my hon. Friend satisfied that rights of appeal are being managed correctly in the Bill?

Baroness Keeley | 654 cc812-3 (Link to this contribution)

No. On the Opposition Benches, we are not satisfied with very much about the Bill, but I am talki...

Catherine West | 654 c813 (Link to this contribution)

My hon. Friend is so generous in taking interventions. Does she agree that there is no consistenc...

Baroness Keeley | 654 cc813-5 (Link to this contribution)

That may well be the case, but the difficulty here is that we have a complex system when we shoul...

Fiona Bruce | 654 cc814-6 (Link to this contribution)

I rise to support the Bill and, in particular, to speak in favour of Government amendments 24 and...

Steve McCabe | 654 c816 (Link to this contribution)

Does the hon. Lady recognise that the Law Commission objects to the fact that its recommendations...

Fiona Bruce | 654 cc816-7 (Link to this contribution)

I was about to say that the Joint Committee welcomed the Law Commission’s recommendations because...

Norman Lamb | 654 cc817-9 (Link to this contribution)

I want to speak primarily in support of the amendments in the name of the shadow Minister, the ho...

Baroness Keeley | 654 c819 (Link to this contribution)

On the training that the Minister has talked about and the hon. Member for Congleton (Fiona Bruce...

Norman Lamb | 654 c819 (Link to this contribution)

That is clearly insufficient when it comes to the vital task of playing a role in the protection ...

Kevin Foster | 654 cc819-820 (Link to this contribution)

Given the restrictions on time, I will curtail my speech and take out remarks I might have made; ...

Baroness Laing of Elderslie | 654 c820 (Link to this contribution)

It will be obvious that three people have indicated they wish to take part. I am sure that they w...

Tanmanjeet Singh Dhesi | 654 cc820-2 (Link to this contribution)

It is a pleasure to follow the hon. Member for Torbay (Kevin Foster).

It is my firm belief ...

Jim McMahon | 654 c821 (Link to this contribution)

I congratulate my hon. Friend on a fantastic, very heartfelt and experienced speech. Does he shar...

Tanmanjeet Singh Dhesi | 654 c821 (Link to this contribution)

I thank my hon. Friend and I fully agree with him. The cuts to local government have been devasta...

Fiona Bruce | 654 c823 (Link to this contribution)

The hon. Gentleman keeps talking about human rights, but what answer does he have for the fact th...

Tanmanjeet Singh Dhesi | 654 c823 (Link to this contribution)

I thank the hon. Lady for her intervention, but in terms of human rights, this issue is being rai...

Debbie Abrahams | 654 cc823-4 (Link to this contribution)

I will be brief. My hon. Friend the Member for Rhondda (Chris Bryant) has tabled an excellent ame...

Alex Cunningham | 654 cc824-5 (Link to this contribution)

I had hoped to address several of the amendments signed by my hon. Friends and me, because this i...

Chris Bryant | 654 c825 (Link to this contribution)

I was expecting my hon. Friend the Member for Stockton North (Alex Cunningham) to go on a bit lon...

Baroness Laing of Elderslie | 654 c825 (Link to this contribution)

With the leave of the House, I propose to put Government amendments 5 to 37 together.

John Bercow | 654 cc840-5 (Link to this contribution)

Consideration completed. Colleagues, I will now suspend the House for no more than five minutes i...

John Bercow | 654 c845 (Link to this contribution)

I can now inform the House that I have completed certification of the Bill, as required by the St...

Caroline Dinenage | 654 c845 (Link to this contribution)

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee ...

Baroness Laing of Elderslie | 654 c845 (Link to this contribution)

As the knife has fallen, there can be no debate in the Legislative Grand Committee. I remind hon....

Caroline Dinenage | 654 cc845-6 (Link to this contribution)

I beg to move, That the Bill be now read the Third time.

Our liberty is the most fundamenta...

Dan Poulter | 654 c846 (Link to this contribution)

I thank my hon. Friend for the conciliatory way in which she has gone about dealing with this Bil...

Caroline Dinenage | 654 cc846-7 (Link to this contribution)

My hon. Friend raises a very important point. I am grateful to him for all his feedback on this B...

Baroness Keeley | 654 c847 (Link to this contribution)

It is appalling that we should have had less than two hours for Report stage of a Bill affecting ...

Norman Lamb | 654 c847 (Link to this contribution)

Does the shadow Minister share my confusion and concern that the Mental Health Act review, which ...

Baroness Keeley | 654 cc847-8 (Link to this contribution)

That is very much the case. We asked on Second Reading for some consideration of the interface be...

Baroness Keeley | 654 c848 (Link to this contribution)

I do not have time, I am afraid.

The Government have consistently tried to push the Bill th...

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