New Clause 27
Mental Health Bill [Lords]
6:30 pm
Angela Browning (Deputy Chairman (Organising and Campaigning), Conservative Party; Tiverton and Honiton, Conservative)
I beg to move, That the clause be read a Second time.
The aim of new clause 27 is to amend section 40 of the Mental Capacity Act 2005 to ensure that the relevant bodies are required to appoint an independent mental capacity advocate if an attorney or deputy has been appointed solely to manage the property and financial affairs of the individual concerned and if there are no suitable family members to consult. In another place, on 29 January, Baroness Ashton indicated her agreement:
“I reassure your Lordships that deputies who have been appointed in a professional capacity purely for the purposes of property and affairs would not, under the Mental Capacity Act, have the authority of the court to take decisions which lie outside the scope of “property and affairs”. These deputies will not have the authority to help or represent a person where decisions are being considered concerning serious medical treatment, care moves or adult protection. Therefore, if no other family or friends are able to support and represent the person without capacity in making decisions on these issues, the person will be entitled to an independent mental capacity advocate.”—[Official Report, House of Lords, 29 January 2007; Vol. 689, c. 110.]
Paragraph 10.71 of the code of practice states:
“The Government is seeking to amend the Act, at the earliest opportunity, to ensure that, in such circumstances, an IMCA should always be appointed to represent the person’s views when they lack the capacity to make decisions relating to serious medical treatment or long-term accommodation moves.”
I understand that the Government are seeking to amend the 2005 Act on that matter at the earliest opportunity. This seems to be that earliest opportunity; I am disappointed that the Minister has not tabled a Government amendment and that I have had to table my new clause. I would be grateful if, as we discuss this final new clause, the Government gave a positive and glowingly supportive response.