Clause 20 - Restrictions on deputies
Mental Capacity Bill
4:00 pm
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
We debated this earlier. The hon. Gentleman might recall that I reminded him that the deputy acting on health and welfare most often provides consent. I wanted to ensure that he did not believe that such a deputy was providing care in the way he was suggesting.
I entirely understand the hon. Gentleman's point, but he is not making that subtle distinction. Therefore, the deputy is not instructing the third party. He is working in tandem with the third party, authorised by the court and subject to the restrictions, or at least the directions, that the court has given him.