Clause 1 - The Principles
Mental Capacity Bill
9:30 am
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
The hon. Lady makes an important point. That is why I hope that, through the amendment, we can explore with the Government how they came to the conclusion that the word should be left out of the English legislation. I hope that the Minister will respond to that point.
Amendment No. 90, the final amendment in the group, relates to a subject that I raised on Second Reading, and to a matter that was at the heart of quite a few of the concerns expressed on both sides of the Chamber on that occasion, namely, the idea that a principle of non-discrimination should be fundamental to the Bill. It may well be argued that
such a principle is implicit in the Bill so the amendment is unnecessary, but it should be made explicit that non-discrimination is a founding principle of the legislation.
I make no apologies for the fact that the drafting of this amendment—and my other amendments today—comes from the Making Decisions Alliance, which represents a wide range of organisations of and for disabled people, older people and others. It wanted to make sure that the wording on non-discrimination was an addition to the statement of principles in the Bill. The idea is about governing all the actions and decisions taken under the new legislation, and ensuring that the Bill is more value-based. The amendment attempts to reinforce the message that the aim of the Bill is to maximise capacity, to protect adults from abuse and to provide clarity to carers. The perception, as I said in my comments in respect of the I Decide coalition, is that it is not always that way.
We want a Bill that is seen as an important way of promoting people's basic rights and freedoms and a challenge to existing attitudes where necessary. I hope that the Government can respond positively to the amendment, as there is certain evidence, anecdotal and otherwise, that prejudices and attitudes about the quality of life of a person with serious learning disabilities, a head injury or another disease that leads to a loss of capacity can get in the way of dealing with that person and how they are, what they want, and what they need. I need only think of the evidence on the inappropriate use of ''do not resuscitate'' orders. The Government have addressed that issue in part by making sure that the guidance is renewed, updated and more closely adhered to in the NHS. I hope that we can include something in the Bill that says that those people should not be treated any less favourably than other members of society, not just in respect of ''do not resuscitate'' orders but right across the piece, in respect of medical treatment, social care provision and all aspects of a person's life. That, in a sense, is the purpose of this group of amendments.
I end with a couple of questions, which I hope will be in order. The draft code of practice is useful; it is a rarity for a code of practice to be published at this stage. Many who have seen it have commented that it is a work in progress and that there is a lot more to be done. Let us hope that our deliberations and those in the other place will help with that. However, I hope that the Minister will say a little bit today about the codes of practice and how the five—if my amendments are accepted, the six—guiding principles are to be disseminated, because communication of the principles and ensuring that they are understood and practised by individuals in their everyday lives and, more important, by professionals, is central to making this Bill one that changes lives for the better.
I hope that the Minister will respond to those concerns, give us some assurances and perhaps even accept some of the amendments.