Clause 4
Mental Health Bill [Lords]
9:30 am
Ann Coffey (PPS (Rt Hon Alistair Darling, Secretary of State), Department of Trade and Industry; Stockport, Labour)
Does my right hon. Friend the Minister believe that there is a further problem with the clause in that we already have the Mental Capacity Act 2005, which is very clear about what capacity is in determining the ability to make decisions? Introducing the term “significantly impaired” would add to the confusion about how capacity is defined—is significant impairment the same as a lack of capacity? That is somewhat problematic.