Mental Capacity (Amendment) Bill [HL] - Committee (3rd Day)

Part of the debate – in the House of Lords at 7:00 pm on 22nd October 2018.

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Photo of Baroness Barker Baroness Barker Liberal Democrat Lords Spokesperson (Voluntary Sector) 7:00 pm, 22nd October 2018

I thank all noble Lords for taking part in that debate, which was a useful exchange of views and information. The Minister is in some difficulty, because the two organisations that he cited are on record as saying that they do not support the Bill in its current form. I remain of the view that we run the risk of attempting to deal with an underfunded, under-resourced system by putting in place another underfunded, under-resourced system which dilutes the protection of vulnerable people.

Ahead of debates on other groupings, I simply ask how many times the Mental Capacity Act and DoLS codes of practice were changed. How many times were they amended? I do not disagree that a code of practice is a good place in which to put examples; I do not think it is a substitute for having well-drafted legislation and regulations—regulations can often be changed.

I will read Hansard with great care, but I reserve the right and hope, with the assistance of the noble Baroness, Lady Browning, who is not in her place but is equally concerned about these matters, to return to the matter. I beg leave to withdraw the amendment.

Amendment 55 withdrawn.

Amendments 56 to 58 not moved.