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Health and Social Care

Volume 654: debated on Wednesday 13 February 2019

Mental Capacity (Amendment) Bill [Lords]

The following are extracts from the Report stage of the Mental Capacity (Amendment) Bill [Lords] on 12 February 2019.

This particular area of law has always been open to legal challenge. We decided to include a definition because so many stakeholders, as well as the Law Commission and Members of the other place, thought it essential.

[Official Report, 12 February 2019, Vol. 654, c. 802.]

For example, in the new system a family member or a loved one can be an approved person.

[Official Report, 12 February 2019, Vol. 654, c. 803.]

The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their family is the approved person. We must always leave a little space in case the person does not want their approved person to be a family member for whatever reason.

[Official Report, 12 February 2019, Vol. 654, c. 804.]

Letter of correction from The Minister for Care (Caroline Dinenage):

Errors have been identified in the response I gave on Amendment 1 to clause 6.

The correct wording should have been:

This particular area of law has always been open to legal challenge. We decided to include a definition because so many stakeholders, as well as the Joint Committee on Human Rights and Members of the other place, thought it essential”.

The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their family is the approved person. We must always leave a little space in case the person does not want their appropriate person to be a family member for whatever reason.