Clause 17 - Section 16 powers: personal welfare
Mental Capacity Bill
3:45 pm
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
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 amendment arose when I saw a list and thought that I ought to establish whether it was sufficiently comprehensive. The list already encompasses most of the strategic decisions that might be taken by a deputy on a person's personal welfare. I claim no credit for the precise wording or for the figure given, but my purpose in tabling the amendment was to rehearse and to invite the Minister to consider whether the decision to allow, encourage or require P to travel would be strategic.
The way in which the amendment is drafted might seem unduly trivial. One might put in 100 miles rather than 10, for example, or one might make reference to the frequency of journeys or otherwise. However,
persons lacking mental capacity might feel uncomfortable with change and might not want to be distressed by unnecessary upheaval. The decision on whether they are to travel, possibly for treatment or other care or to go to an inquiry or other procedure, could therefore be intrusive and distressing for them.
I wonder whether the idea of setting some limitations on the power of the deputy to permit or require travel might be appropriate. I do not feel very strongly about the issue, but I think that the Minister should at least consider it and give the Committee a response.