UK Parliament / Open data

Mental Capacity (Amendment) Bill [Lords]

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

The key thing is to have the same protocols for all sports, so that there is the same protection. A child might play rugby league one year and rugby union the next; if there are different protocols, that will undermine the whole system. Incidentally, the point also applies to a whole range of other sports—hockey and ice hockey, as well as American football, in which there is growing interest in the United Kingdom. We should not let the issue be led by litigation, which is what has happened in the United States of America: we should let it be led by the medical science, which is rapidly changing.

4.15 pm

Acquired brain injury affects nearly every Department of Government. We have already referred to defence, thanks to my hon. Friend the Member for Bridgend (Mrs Moon). The Department of Health and Social Care is represented here today; I know that the Under-Secretary of State for Health and Social Care, the hon. Member for Winchester (Steve Brine), is looking at the report that we have produced and I hope he will come back to us about it fairly soon. The issues are also key for the Ministry of Housing, Communities and Local Government and the Department for Work and Pensions, which must make sure that people get proper protection and support.

The issues are also important for the Department for Education because there is often a complete misunderstanding when a child has had a brain injury. They may be fine five weeks later, but the real problems come with neuro-cognitive stall—maybe a year later. The teachers, and perhaps even the parents, have forgotten about it. Consequently, when the child is not performing well or is slow at school, it feels as if they are being unruly and disruptive. They end up on the naughty step and that ends in a cycle of not being supported, which can lead into the criminal justice system. The issues, of course, also affect the criminal justice system and the Home Office.

The Bill will, of course, directly affect a lot of people with acquired brain injury. I clearly remember one of my grandmother’s cousins. She was one of three: there were three sisters who never married—Katherine, Isobel

and Alison Gracie. Alison Gracie had a stroke and then a fall down a flight of stairs. The combination of the two meant that we could see the same person inside, but the mental pain that she was suffering was intense. She would hit her head all the time, using a Scottish phrase—her words, not mine: “MD, MD, MD!” That meant “mentally deficient”, the phrase of the time in Scotland. I feel passionately that we need to get this right when it comes to making decisions on behalf of people who may not be able to make them properly for themselves.

ABI, or acquired brain injury, can affect many different aspects of mental capacity. There is short-term memory, which is important for knowing to turn up for the meeting; long-term memory, which is being able to recognise the decision we made last week or month and its consequences; and emotional regulation, which is being able to deal with anger and other emotions that may wash over us. Some of those may be more difficult to regulate when someone has had a physical injury to the brain. Then, of course, the executive function—the capacity for planning and organisation—may be harmed as well.

Type
Proceeding contribution
Reference
654 cc796-7 
Session
2017-19
Chamber / Committee
House of Commons chamber
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