Clause 13 - Revocation of lasting powers of attorney etc.
Mental Capacity Bill
Public Bill Committees, 26 October 2004, 3:30 pm

Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton & Cheam, Liberal Democrat)
Will the Minister say a little more, by way of amplification, about the sorts of things that might be prescribed under clause 13(6)(a), so that they will be more clearly on the record? The explanatory notes give no examples of matters that would deemed to be events such as
''the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed'',
and so on. It would be useful if the Minister elaborated. I ask about it because of something he said in response to my earlier amendments regarding POVA list checks for donees. He said that he did not want to prejudice action on the Bichard recommendations. I want to find out whether, in the context of these or subsequent regulation-making powers, it might prove possible to include in the legislation through regulations the ability to use the wider system of safeguarding vulnerable adults.
First, therefore, will the Minister give some examples of what might be prescribed? Secondly, will he say where in clause 13, or perhaps in a subsequent clause, he hopes it will be possible without further primary legislation to give effect to the Bichard recommendations, if the Government are minded to do so at a later stage?

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
I cannot do that. I said that the Government are considering the Bichard recommendations across the piece. The hon. Gentleman will understand that those important and serious recommendations come out of the high-profile Soham murder case, and it is right that we to consider them properly. I will not pre-empt that consideration now; it would be wrong to do so.
I am informed that the requirement under clause 13(6)(a) is a formal requirement to notify the donor in writing, and that is all. There is nothing behind it. I shall be happy to write to the hon. Gentleman with more detail, if he wishes.

Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton & Cheam, Liberal Democrat)
That would be helpful. I am sure that Committee members will be interested in the letter. I had no intention of tempting the Minister into prejudging a matter that is being considered across Government. I was attempting to clarify whether the Bill contains a mechanism whereby the Government could give effect to its decisions on those recommendations. Perhaps we will get further clarification at a later stage.
Clause 13 ordered to stand part of the Bill.
Clauses 14 and 15 ordered to stand part of the Bill.
