Mental Capacity (Amendment) Bill [Lords]
Tuesday, 22 January 2019
Bills
House of Commons
I beg to move amendment 1, page 5, line 10, at end insert—
“(3A) Before making any regulati...
With this it will be convenient to discuss the following:
Government amendments 5 to 32.
Show all contributions (107)
I will speak to amendment 1 and the three other amendments in my name and the names of several co...
Is my hon. Friend aware of the problem that some members of the armed forces face with acquired b...
My hon. Friend makes a very important point. I know the role she has played, in particular in the...
While we are talking about sport, may I say that this does not involve only rugby players? There ...
I have had lots of discussions, some of them more fruitful than others, with the Football Associa...
Does my hon. Friend agree that this applies equally to those who play rugby league, and in fact p...
My hon. Friend makes a very good point. One of the things about rugby league and about rugby unio...
The tut-tut was to say that the hon. Gentleman would benefit from knowing both types of rugby. Th...
I am glad I took that intervention. It is unusual to get an intervention from the Chair, but I th...
It was a clarification.
I am tempted to make a point of order! No—you are absolutely right, Mr Deputy Speaker.
The ...
My hon. Friend is being generous in giving way. One of the things that concern me most is that it...
Yes. People will also attribute bad intention to the person when what is happening is that the sh...
Does my hon. Friend agree that the all-party group inquiry heard some remarkable examples of peop...
Absolutely. One key thing that we saw repeatedly—this is an issue for the Bill, I think—was the f...
The hon. Gentleman is making some good points. The only point I would make to him is that without...
I think the hon. Gentleman has just read, in some weird way, what I was about to say—he has a ver...
A young person in my constituency has contacted me—she has a disability and works for a disabled ...
Yes, I do have that anxiety. I want to be a bit critical of the Government on that, because this ...
Before my hon. Friend concludes, since the code is going to be so central to the operation of the...
Yes. The Government have effectively already said that, but to be really nasty, we should have ha...
It is good to see the hon. Gentleman on his feet, but I hate to see him grumpy. He will have my r...
I am very happy with this Minister, but the other Minister—
She’s nicer than me.
That is true, but she has to prove her mettle on this. I do not mean that in a nasty way; I simpl...
A lot of people want to speak, but we have to finish at 6 o’clock, so we only have 90 minutes.
I am here today to prove my mettle.
I will start by stating the obvious: our liberty is our...
I understand the Minister’s concern not to impinge on the rights of disabled and elderly people, ...
Of course, any organisation representing these vulnerable people that raises concerns deserves to...
May I pursue the intervention from the right hon. Member for North Norfolk (Norman Lamb)? Is the ...
I do not think it is ever possible to say that. This particular area of law has always been open ...
The Minister has just mentioned case studies, and she has mentioned them before. She has circulat...
I think that there must be some confusion. The case studies will be part of the code of practice....
What provision does the Minister think should be made in the code for the families? Often the adu...
The role of the family is much greater in this amended legislation than it is currently. A number...
I received some correspondence from Age Concern, as the Minister knows. It wanted to raise two sp...
Yes, that definition is included in the Bill, and it is also expected that people will have an ad...
So the wishes and feelings of the loved ones and their families are at the heart of the Bill?
...The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes an...
Does the Minister agree that one of the most essential things everyone should do while they are w...
As a Justice Minister, I was responsible for lasting powers of attorney and we spent a lot of tim...
I am going to make little progress now because I have a lot more to say and I know that other Mem...
What assurances can the Minister give that the regulations will be genuinely co-created with prac...
The Bill is very clear about the skills and qualifications necessary for those carrying out the a...
I would like to thank the Minister for meeting me earlier to discuss the Bill. She was very gener...
Yes, we envisage that there will be training and we will be working with partners such as Skills ...
Could the Minister outline the role of care staff in preparing the documentation and making ready...
I am actually coming to that very section of the Bill now.
We are proposing that a review o...
Many hon. Members will have had a large amount of correspondence from constituents on this matter...
I accept that there were a number of concerns, but we made changes to say that care home managers...
I am afraid that I will not take any more interventions because Mr Deputy Speaker might fall out ...
Will the Minister give way?
I am afraid that I cannot take any more interventions at this stage.
Our Bill allows the pe...
I thank my hon. Friend for giving way and for listening to many of the concerns that have been ex...
The backlog of 125,000 people without the safeguards they need, with their families lacking reass...
The opening two speeches have taken 55 minutes, and we have to finish at 6 pm. I recognise that a...
We should not be in this position of having less than two hours on Report. This Bill has been rus...
Does my hon. Friend agree that the Bill should be paused until the draft code of practice is read...
I very much agree with that. We have heard about a code of practice and regulations, but we canno...
While my hon. Friend is on the subject of care home managers, may I ask whether she agrees that i...
I absolutely agree with that. Local councils face a serious resource issue, and we see a pressing...
The hon. Lady is making a powerful case and she talked about many such cases in Committee. Does s...
I could not disagree with the Minister more, because what she is doing is putting people into the...
Under the new system, family members and parents will be listened to, because they will be the ap...
It is not helpful if the Minister and I argue about this. We have had this argument enough times ...
I can understand where the hon. Lady’s concerns come from, but having had detailed discussions wi...
I thank the hon. Gentleman for that question. We have had no reassurances whatever. In fact, sinc...
Is my hon. Friend satisfied that rights of appeal are being managed correctly in the Bill?
No. On the Opposition Benches, we are not satisfied with very much about the Bill, but I am talki...
My hon. Friend is so generous in taking interventions. Does she agree that there is no consistenc...
That may well be the case, but the difficulty here is that we have a complex system when we shoul...
I rise to support the Bill and, in particular, to speak in favour of Government amendments 24 and...
Does the hon. Lady recognise that the Law Commission objects to the fact that its recommendations...
I was about to say that the Joint Committee welcomed the Law Commission’s recommendations because...
I want to speak primarily in support of the amendments in the name of the shadow Minister, the ho...
On the training that the Minister has talked about and the hon. Member for Congleton (Fiona Bruce...
That is clearly insufficient when it comes to the vital task of playing a role in the protection ...
Given the restrictions on time, I will curtail my speech and take out remarks I might have made; ...
It will be obvious that three people have indicated they wish to take part. I am sure that they w...
It is a pleasure to follow the hon. Member for Torbay (Kevin Foster).
It is my firm belief ...
I congratulate my hon. Friend on a fantastic, very heartfelt and experienced speech. Does he shar...
I thank my hon. Friend and I fully agree with him. The cuts to local government have been devasta...
The hon. Gentleman keeps talking about human rights, but what answer does he have for the fact th...
I thank the hon. Lady for her intervention, but in terms of human rights, this issue is being rai...
I will be brief. My hon. Friend the Member for Rhondda (Chris Bryant) has tabled an excellent ame...
I had hoped to address several of the amendments signed by my hon. Friends and me, because this i...
I was expecting my hon. Friend the Member for Stockton North (Alex Cunningham) to go on a bit lon...
With the leave of the House, I propose to put Government amendments 5 to 37 together.
Consideration completed. Colleagues, I will now suspend the House for no more than five minutes i...
I can now inform the House that I have completed certification of the Bill, as required by the St...
indicated assent.
The House forthwith resolved itself into the Legislative Grand Committee ...
As the knife has fallen, there can be no debate in the Legislative Grand Committee. I remind hon....
I beg to move, That the Bill be now read the Third time.
Our liberty is the most fundamenta...
I thank my hon. Friend for the conciliatory way in which she has gone about dealing with this Bil...
My hon. Friend raises a very important point. I am grateful to him for all his feedback on this B...
It is appalling that we should have had less than two hours for Report stage of a Bill affecting ...
Does the shadow Minister share my confusion and concern that the Mental Health Act review, which ...
That is very much the case. We asked on Second Reading for some consideration of the interface be...
Will my hon. Friend give way?
I do not have time, I am afraid.
The Government have consistently tried to push the Bill th...