I am going to make little progress now because I have a lot more to say and I know that other Members want to speak as well.
4.45 pm
In Committee, hon. Members raised concerns about the fact that independent hospitals are responsible bodies and that this could represent a conflict of interest. The Government amendments ensure that an independent hospital is never the responsible body. We will ensure independent oversight in every case. I hope that hon. Members will support the amendments.
Amendments 24 to 27 relate to the provision of information. It is vital that those who are deprived of their liberty are provided with the information necessary for them to be able to exercise their rights. There is a duty to provide information in article 5 of the European convention on human rights, but the noble Lords flagged that the Bill should be explicit about this duty. The Government have tabled the amendment as we agree that information should be shared as soon as it is appropriate to do so. Amendment 24 introduces a general duty to publish accessible information for everyone
about the authorisation process. It goes on to require the responsible body, when arrangements are proposed, to take all practicable steps to ensure that the cared-for person and any appropriate person providing representation understand the information. This is very important. This will ensure that people are all aware of their rights and of the options to challenge the authorisation. Amendments 25 and 26 in effect require the responsible body to remind the cared-for person and any appropriate person of this information after the authorisation is granted.
Amendments 28 to 37 all refer to the requirements of assessors under the Bill. These amendments will ensure that the person who completes the assessments and determinations required for a liberty protection safeguards authorisation has the appropriate experience and knowledge to complete those assessments and determinations. They give the Government the power to determine who can complete medical and capacity assessments and who can determine whether the authorisation conditions are being met. These amendments ensure that the decisions about whether the authorisation conditions are met are made by those with the necessary skills, and will be based on assessments carried out by suitably qualified individuals.