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Mental Capacity Bill

Part of the debate – in the House of Lords at 9:00 pm on 1st February 2005.

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Photo of Lord Warner Lord Warner Parliamentary Under-Secretary, Department of Health, Parliamentary Under-Secretary (Department of Health) 9:00 pm, 1st February 2005

The nub of what I was saying is that the concerns expressed by the BMA and by the noble Earl and the noble Baroness, Lady Barker, are already met in the Bill because of the legal judgments relating to the wider interpretations of best interests. I was saying that, no matter how beautifully crafted, the wording in the amendments tabled by the noble Earl, Lord Howe, is not necessary because the protections he is seeking are in the Bill as presently drafted.