Amendment 34 (to Amendment 33)

Mental Health Bill [HL] - Report (1st Day) – in the House of Lords at 7:15 pm on 31 March 2025.

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Baroness Berridge:

Moved by Baroness Berridge

34: Leave out sub-paragraph (3) and insert—“(3) Where sub-paragraph (2) does not apply, the approved mental health professional must appoint as a nominated person— (a) a guardian who has been appointed for the relevant patient,(b) a person who is named in a child arrangements order, as defined by section 8 of the Children Act 1989, as a person with whom the relevant patient is to live, or(c) a person who has parental responsibility for the relevant patient.(3A) In this paragraph “guardian” includes a special guardian within the meaning of the Children Act 1989 but does not include a guardian under section 7 of that Act.(3B) Where there is more than one person identified as a potential nominated person in sub-paragraph (3)(a), (b) or (c) then the approved mental health professional must in deciding who to appoint—(a) take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable, or(b) where it has not been possible to ascertain the relevant patient’s past and present wishes, preference must be given to the eldest person.”

Photo of Baroness Berridge Baroness Berridge Conservative

My Lords, I have listened carefully to the Minister’s reasoning, but I am sure it will not be a surprise to her that there is now a matter of disagreement, so I wish to test the opinion of the House.

Ayes 218, Noes 143.

Division number 3 Mental Health Bill [HL] - Report (1st Day) — Amendment 34 (to Amendment 33)

Aye: 216 Members of the House of Lords

No: 141 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Amendment 34 (to Amendment 33) agreed.

Amendment 33, as amended, agreed.

Amendment 35 not moved.

Clause 30: References to tribunal

Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

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teller

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