Clause 39 - Power to adjust role of independent consultee service
Mental Capacity Bill
10:45 am
Ann Winterton (Congleton, Conservative)
As I have said, we are considering the affirmative procedure in relation to regulations made under clause 39, particularly with regard to expanding the type of service that the independent consultees will offer and the people to whom it will apply.
The hon. Gentleman's second point was about the possibility of a report to Parliament. The NHS and local authorities will have responsibility for scrutinising the work of the consultees; their work comes under the remit of the Healthcare Commission and the Commission for Social Care Inspection. My initial reaction is that I would be hesitant about saying that we needed to build a whole new method of parliamentary scrutiny, because that might not allow the kind of developments that have been described, such as advocacy groups that operate locally, and might hinder our getting the sort of service that I have described. I am anxious not to establish something that will not allow people to build on that.