Clause 5 - Acts in connection with care or treatment
Mental Capacity Bill
3:45 pm
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
I have no doubt that the amendments were tabled in the context of the Bournewood judgment, as the hon. Gentleman said. That case addressed the question of whether Mr. L's detention in hospital contravened his human rights under the European convention on human rights; hence the reference to that convention in amendment No. 139.
I entirely understand the hon. Gentleman's concern to ensure that the Mental Health Act 1983 is always used when appropriate and that the Mental Capacity Bill takes on board the lessons from the recent European Court of Human Rights judgment in the Bournewood case. I understand the concerns of hon. Members, particularly those who have campaigned on this case for some time now. We are seriously examining the implications of that judgment, but they will understand that as the judgment was so recent—it was made on 5 October—and as this is a highly complex area, it is too early for us to reach firm conclusions as to whether it has any impact, particularly on the Bill.