Public Bill Committees
Mental Capacity Bill

• Mental Capacity Bill, 1st sitting (1 speech)
  [Mr. Alan Hurst in the Chair]
  • Clause 1 - The Principles (61 speeches)
    I beg to move amendment No. 86, in clause 1, page 1, line 6, leave out from 'capacity' to the end of line 7 and insert 'in relation to any matter, except where it is established in relation to a...
• Mental Capacity Bill, 2nd sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 1 - The Principles (33 speeches)
    Amendment proposed [this day]: No. 86, in clause 1, page 1, line 6, leave out from 'capacity' to the end of line 7 and insert 'in relation to any matter, except where it is established in...
  • Clause 2 - People who lack capacity (15 speeches)
    I beg to move amendment No. 10, in clause 2, page 2, line 5, leave out 'an'.
  • Clause 3 - Inability to make decisions (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 4 - Best interests (28 speeches)
    I beg to move amendment No. 13, in clause 4, page 2, leave out line 36.
• Mental Capacity Bill, 3rd sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 4 - Best interests (93 speeches)
    Amendment proposed [19 October]: No. 13, in clause 4, page 2, leave out line 36.—[Mr. Boswell.] Question again proposed, That the amendment be made.
• Mental Capacity Bill, 4th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 4 - Best interests (15 speeches)
    Amendment proposed [this day]: No. 136, in clause 4, page 3, line 16, at end insert— '(e) an independent advocate if (a) to (d) do not apply.'.—[Mrs. Browning.]
  • Clause 5 - Acts in connection with care or treatment (66 speeches)
    I beg to move amendment No. 16, in clause 5, page 3, line 31, leave out paragraph (a).
  • Clause 6 - Section 5 acts: limitations (17 speeches)
    I beg to move amendment No. 98, in clause 6, page 4, line 6, after second 'is', insert 'at that time and in relation to the circumstances of that time'.
  • Clause 7 - Payment for necessary goods and services (10 speeches)
    I beg to move amendment No. 107, in clause 7, page 4, line 27, leave out 'must' and insert 'should, with consideration to his means'. I am mentioning this amendment just so that the Minister...
  • Clause 8 - Expenditure (3 speeches)
    I beg to move amendment No. 22, in clause 8, page 4, line 36, at end insert 'and D shall keep appropriate records and receipts to validate any such claim to reimbursement'. I am conscious of...
• Mental Capacity Bill, 5th sitting (2 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 9 - Lasting powers of attorney (72 speeches)
    I beg to move amendment No. 164, in clause 9, page 5, line 11, after 'capacity', insert 'where the authority of the donee has been limited to either one of (a) or (b). (1A) There is no...
  • Schedule 1 - Lasting powers of attorney: formalities (13 speeches)
    I beg to move amendment No. 70, in schedule 1, page 35, line 3, at end insert '(or has had it read to him)'. I shall be even briefer. This amendment is certainly less important, but it has one...
• Mental Capacity Bill, 6th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Schedule 1 - Lasting powers of attorney: formalities (3 speeches)
    Amendment proposed this day: No. 71, in schedule 1, page 35, line 12, leave out 'and' and insert— '(iia) there is no significant actual or potential conflict between the interests of the...
  • Schedule 1 - Lasting powers of attorney: formalities (3 speeches)
    I beg to move amendment No. 159, in schedule 1, page 39, line 11, after 'power', insert— '(1) Where an instrument authorising a welfare attorney to make decision is used for the first...
  • Clause 10 - Appointment of donees (19 speeches)
    I beg to move amendment No. 161, in clause 10, page 5, line 31, after 'who', insert '(a)'.
  • Clause 11 - Lasting powers of attorney: restrictions (5 speeches)
    I beg to move amendment No. 167, in clause 11, page 6, line 31, leave out from 'to make' to the end of line 35 and insert 'a decision on behalf of P in relation to a matter if he knows or has...
  • Clause 12 - Scope of lasting powers of attorney: gifts (7 speeches)
    I beg to move amendment No. 27, in clause 12, page 7, line 4, after 'gifts', insert '(including the sale of assets at a discount or at less than money's worth.'.
  • Clause 13 - Revocation of lasting powers of attorney etc. (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 16 - Powers to make decisions and appoint deputies: general (8 speeches)
    I beg to move amendment No. 140, in clause 16, page 9, line 17, after 'affairs', insert 'or (c) P's claims for and payments of state benefits administered by the relevant authorities.'.
  • Clause 17 - Section 16 powers: personal welfare (3 speeches)
    I beg to move amendment No. 29, in clause 17, page 10, line 8, at end insert— '(aa) where P is to travel on any journey exceeding 10 miles'. I shall be brief. The idea of tabling the...
  • Column Number: 188 (0 speeches)
    Schedule 2Property and affairs: supplemental provisions
  • Property and affairs: supplemental provisions (3 speeches)
    I beg to move amendment No. 115, in schedule 2, page 39, line 31, at end insert ', and (d) must be sealed with the official seal of the Court of Protection'.
  • Clause 19 - Appointment of deputies (5 speeches)
    I beg to move amendment No. 32, in clause 19, page 11, line 31, after 'reports' insert '(whether relating to matters of P's personal welfare or the conduct of P's property and affairs, as the...
  • Clause 20 - Restrictions on deputies (23 speeches)
    I beg to move amendment No. 35, in clause 20, page 11, line 37, at end insert 'except in case of urgent necessity'. We now move on to restrictions on deputies. As the Minister will appreciate,...
• Mental Capacity Bill, 7th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 24 - Advance decisions to refuse treatment: general (85 speeches)
    I beg to move amendment No. 241, in clause 24, page 14, line 19, after 'not', insert 'or is'.
• Mental Capacity Bill, 8th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 28 - Mental Health Act matters (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • New clause 6 - Duties of the responsible clinician (0 speeches)
    '(1) The responsible clinician may be any registered doctor responsible for P's assessment and medical treatment at the relevant time. (2) If P's responsible clinician considers that the...
  • New clause 7 - Cases where informal treatment for mental disorder not available (0 speeches)
    '(1) This section applies where it appears to the responsible clinician that the conditions specified in subsection (3) are met in P's case. (2) The responsible clinician must ensure that, for...
  • New clause 8 - Duty to determine whether P is to be assessed (0 speeches)
    (1) The Secretary of State must, if requested to do so by any person, determine whether the conditions specified in section E (2) to (7) appear to be met in P's case. (2) If the Secretary of...
  • New clause 9 - Duty of hospital managers to request assessment of existing patient (0 speeches)
    '(1) Where— (a) treatment for mental disorder is being provided to P at a hospital otherwise than in accordance with Part II of the Mental Health Act 1983, and (b) it appears to the...
  • New clause 10 - Assessment for safeguards (0 speeches)
    '(1) The assessment of P under this section is for the purpose of determining whether the conditions specified in subsection (2) to (7) are met in P's case. (2) The first condition is that P is...
  • New clause 11 - Assessment: supplementary (0 speeches)
    '(1) The Secretary of State must secure that the assessment is made not later than the end of 28 days beginning with the day on which a responsible clinician is appointed for P. (2) If because...
  • New clause 12 - Medical Advisers (0 speeches)
    'The Medical Adviser for the purposes of this Act is a registered medical practitioner who is a member of the Expert Panel appointed by the Secretary of State.'.—
  • New clause 13 - Representation (0 speeches)
    '(1) As soon as practicable after appointing a responsible clinician for P, under section C, the Secretary of State must notify the local social services authority of the appointment. (2) The...
  • New clause 14 - Role of representative (0 speeches)
    '(1) The responsible clinician for a qualifying patient, P, must ensure that one representative adopted or appointed by P— (a) is consulted before medical treatment of any description is...
  • New clause 15 - Preparation of care plan (0 speeches)
    '(1) the managers of a hospital at which medical treatment is provided to a qualifying patient, P, must secure that— (a) a care plan is prepared for P by the responsible clinician, and ...
  • New clause 16 - Approval of care plan (0 speeches)
    '(1) The responsible clinician must, as soon as practicable after preparing a care plan, send a copy of it for approval to a person (the ''medical adviser'') appointed by the Secretary of State...
  • New clause 17 - Amendment of care plan (0 speeches)
    '(1) The responsible clinician may amend P's care plan at any time. (2) Sections H to K apply to an amended care plan as they apply to a care plan. (3) If the responsible clinician amends P's...
  • New clause 18 - Review (0 speeches)
    '(1) A care plan for P must specify the date on or before which P's responsible clinician must carry out a review (the ''review date''). (2) The first review date must be not more than six...
  • New clause 19 - Refusal of a request for review (0 speeches)
    '(1) If the responsible clinician refuses a request under section M(4) for a review, he must, if required to do so by P or his advocate or representative, refer his decision to a member of the...
  • New clause 20 - Disputes about outcome of review (0 speeches)
    '(1) The responsible clinician must, if requested to do so by P's representative refer to the medical adviser appointed by the Secretary of State for that purpose any complaint made by P's...
  • New clause 21 - Application to the court for discharge (38 speeches)
    '(1) An application may be made to the court by P or by his or her representative for an order requiring the managers of the hospital to discharge P. (2) If the court is satisfied that P is...
  • Clause 29 - Voting rights (5 speeches)
    I beg to move amendment No. 40, in clause 29, page 16, line 20, leave out 'for any public office'. This may be a less taxing issue for the Committee than the new clauses that we discussed...
  • Clause 30 - Research (35 speeches)
    I beg to move amendment No. 41, in clause 30, page 16, line 31, after '31', insert— '(aa) in conformity with an advance decision to permit the carrying out of research on P made while P...
• Mental Capacity Bill, 9th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 31 - Requirements for approval (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 32 - Consulting carers etc (11 speeches)
    I beg to move amendment No. 45, in clause 32, page 18, line 19, leave out 'or is P's deputy'.
  • Clause 33 - Additional safeguards (6 speeches)
    I beg to move amendment No. 183, in clause 33, page 19, line 3, at end insert 'or wishes expressed by P in a LPA.'. The Minister might shorten our proceedings on the amendment by accepting it....
  • Clause 34 - Appointment of independent consultees (17 speeches)
    I beg to move amendment No. 170, in clause 34, page 19, line 11, leave out subsection (1) and insert— '34 Appointment of independent advocates (1) The appropriate authority must arrange,...
• Mental Capacity Bill, 10th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 34 - Appointment of independent consultees (62 speeches)
    Amendment proposed [this day]: No. 170, in clause 34, page 19, line 11, leave out subsection (1) and insert— 34 Appointment of independent advocates (1) The appropriate authority must...
  • Clause 35 - Duty to seek advice in connection with serious medical treatment (20 speeches)
    I beg to move amendment No. 49, in clause 35, page 20, line 2, after 'body' insert 'or other registered medical practitioner'. The amendment follows on rather neatly from the group of the...
• Mental Capacity Bill, 11th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 36 - Duty of NHS body to seek advice before providing accommodation (39 speeches)
    Amendments made: No. 226, in clause 36, page 20, line 29, at end insert— '( ) But this section does not apply if P is accommodated as a result of an obligation imposed on him under the...
  • Clause 37 - Duty of local authority to seek advice before providing accommodation (6 speeches)
    I beg to move amendment No. 231, in clause 37, page 21, line 14, leave out from 'with' to end of line 14 and insert '— (a) section 21 or 29 of the National Assistance Act 1948 (c.29), or ...
  • Clause 38 - Exceptions (9 speeches)
    I beg to move amendment No. 198, in clause 38, page 21, line 26, leave out beginning to end of line 32 and insert— 'The duty to identify and consult an independent advocate in relation to...
  • Clause 39 - Power to adjust role of independent consultee service (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 40 - Codes of practice (8 speeches)
    I beg to move amendment No. 53, in clause 40, page 22, line 4, after 'must,' insert 'after consulting with such persons professional and lay as seem to him to have an interest,'.
• Mental Capacity Bill, 12th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 40 - Codes of practice (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • Clause 41 - Codes of practice: procedure (15 speeches)
    I beg to move amendment No. 147, in clause 41, page 22, line 37, after 'preparing,', insert 'publish'.
  • Clause 42 - Ill-treatment or neglect (10 speeches)
    I beg to move amendment No. 150, in clause 42, page 23, line 19, after 'court', insert 'or is the donee of an enduring power of attorney or is an appointee appointed by the Secretary of State for...
  • Clause 43 - The Court of Protection (0 speeches)
    Amendment made: No. 111, in clause 43, page 23, line 30, at end insert— '( ) The court is to have an official seal.'.—[Mr. Lammy.] Clause 43, as amended, ordered to stand part of...
  • Clause 44 - The judges of the Court of Protection (9 speeches)
    I beg to move amendment No. 60, in clause 44, page 24, line 16, at end insert 'and (c) ensure that at any time at least one of the judges nominated to the Court shall be experienced in matters...
  • Clause 45 - General powers and effect of orders etc. (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 47 - Power to call for reports (9 speeches)
    I beg to move amendment No. 62, in clause 47, page 25, line 6, after 'other', insert 'independent'.
  • Clause 48 - Applications to the Court of Protection (5 speeches)
    I beg to move amendment No. 237, in clause 48, page 25, line 40, at end insert— '(e) by a person named as an appointee for financial affairs by the Secretary of State where no continuing...
  • Clause 52 - Fees (13 speeches)
    I beg to move amendment No. 152, in clause 52, page 28, line 2, at end add— '(d) exemption from fees where a deputy is appointed totally in relation to state benefits and such capital...
  • Clause 56 - Functions of the Public Guardian (8 speeches)
    I beg to move amendment No. 235, in clause 56, page 29, line 18, leave out from 'maintaining' to end of line and insert— '(i) a register of lasting powers of attorney, and (ii) a...
  • Clause 57 - Court of Protection Visitors (0 speeches)
    Amendment made: No. 114, in clause 57, page 30, line 40, at end insert ', and (c) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c.14)'.—[Mr....
  • Schedule 3 - International Protection of adults (6 speeches)
    I beg to move amendment No. 72, in schedule 3, page 43, line 7, leave out subsection 4.
  • Schedule 4 - Provisions applying to existing enduring powers of attorney (5 speeches)
    I beg to move amendment No. 78, in schedule 4, page 52, line 5, leave out 'is or is becoming mentally incapable' and insert 'lacks mental capacity within the meaning of section 2 of this Act.'.
  • Clause 63 - Minor and consequential amendments and repeals (3 speeches)
    I beg to move amendment No. 67, in clause 63, page 33, line 9, leave out paragraph (b). This is the point at which some outrage might get through if we are not vigilant, although I am sure that...
  • Schedule 6 - Minor and consequential amendments (5 speeches)
    I beg to move amendment No. 116, in schedule 6, page 68, line 43, leave out from 'from' to 'the' in line 44 and insert ' ''the powers'' to the end substitute ''the powers of'.
  • Schedule 7 - Repeals (0 speeches)
    Amendments made: No. 126, in schedule 7, page 78, leave out lines 2 and 3. No. 127, in schedule 7, page 78, line 9, in the second column, after '1833,' insert— 'section 68 of the...
  • Clause 64 - Commencement and extent (10 speeches)
    I beg to move amendment No. 69, in clause 64, page 33, line 21, leave out subsection (3). The purpose of the amendment was to probe the legislation's interaction not with foreign countries but...