Results 1–20 of 303 for speaker:Baroness Murphy

Mental Capacity (Amendment) Bill [HL] - Commons Amendments: Motion A (24 Apr 2019)

Baroness Murphy: My Lords, I do not really share the enthusiasm or optimism of the noble Baroness, Lady Tyler, although I often shared her views on what needed to be done at earlier stages. We are all rather tired of this Bill and I see nothing to be gained from hindering its passage, but I cannot let it pass without expressing my profound misgivings. We—the Members of this House—have failed to do what we...

Mental Capacity (Amendment) Bill [HL] - Third Reading (11 Dec 2018)

Baroness Murphy: My Lords, I support this amendment. It is well thought through and I am glad that the Government have brought it forward. However, like my noble friends Lady Hollins and Lady Meacher, I have some very serious doubts about the continuance of this Bill as it goes to the Commons. We have already raised our anxieties about how it fits in with the Wessely review, and we have come to the end of our...

Mental Capacity (Amendment) Bill [HL] - Committee (3rd Day) (22 Oct 2018)

Baroness Murphy: My Lords, I support the amendment of my noble friend Lady Meacher, but I will sound a few words of caution. As I understand it, cases in domestic settings are not included under the current DoLS arrangements. However, there have been several cases where Cheshire West has been quoted in instances where domestic settings have been challenged—with, in my view, some ludicrous outcomes. These...

Mental Capacity (Amendment) Bill [HL] - Committee (3rd Day) (22 Oct 2018)

Baroness Murphy: May I just add that I think it is important to read all the amendments of the noble Baroness, Lady Thornton? She provides for any opportunity, any chance, that the individual may indicate that they have changed their mind, at which point those things come to an end, essentially. They have to be quite specific that if there is any doubt in somebody’s mind that this is no longer something...

Mental Capacity (Amendment) Bill [HL] - Committee (3rd Day) (22 Oct 2018)

Baroness Murphy: My Lords, Amendment 84, in the name of the noble Baroness, Lady Thornton, is possibly one of the most important amendments we have tabled to the Bill. It has become so much more important over the last 20 or 30 years to try to encourage people to make decisions in advance about what should happen to them and to encourage them to think about what will happen in the event of things going...

Mental Capacity (Amendment) Bill [HL] - Committee (3rd Day) (22 Oct 2018)

Baroness Murphy: My Lords, I am the world’s greatest pragmatist in this matter. I am very sympathetic to what the noble Baronesses, Lady Barker and Lady Tyler, are saying. This Bill is by no means perfect. It has huge gaps and we would not have started from here, but the reality is that this Bill will be with us for the rest of the autumn and I believe that Sir Simon Wessely’s report will be submitted to...

Mental Capacity (Amendment) Bill [HL] - Committee (2nd Day)(Continued) (15 Oct 2018)

Baroness Murphy: I support the comments made by the noble Baroness, Lady Hollins, on some of the training issues. Like many people here, I suspect, I have spent a great number of years training junior doctors in how to use mental health legislation, as well as social workers and occupational therapists. One of the most difficult things is to convey the culture of what we are trying to achieve in legislation...

Mental Capacity (Amendment) Bill [HL] - Committee (2nd Day)(Continued) (15 Oct 2018)

Baroness Murphy: My Lords, I congratulate the noble Baroness, Lady Finlay, on again introducing this discussion on a difficult topic. I do not share her pessimism that it is impossible to find a definition. It would be quite simple to have a definition in the Bill which would enable us to distinguish between those who are and are not being deprived of their liberty. The fact that people are deprived of their...

Mental Capacity (Amendment) Bill [HL] - Committee (2nd Day)(Continued) (15 Oct 2018)

Baroness Murphy: I believe that it is the amendment of the noble Baroness, Lady Finlay.

Mental Capacity (Amendment) Bill [HL] - Committee (2nd Day) (15 Oct 2018)

Baroness Murphy: My Lords, I added my name to the amendment of the noble Baroness, Lady Jolly. In view of my previous comments, people may be surprised that I did because it seems to be making life more complicated. In fact, I saw the more professional pre-authorisation process for the smaller group who will eventually be subject to this Act, I hope, as introducing something for the high-risk people who will...

Mental Capacity (Amendment) Bill [HL] - Committee (2nd Day) (15 Oct 2018)

Baroness Murphy: My Lords, I find myself in something of a dilemma because I have already said that I am very anxious about the role foreseen for care home managers in this Bill. I am also getting the heebie-jeebies about how we are criticising the Bill because of how we have got here in the first place. The noble Baroness, Lady Finlay, and the noble Lord, Lord Hunt, have already mentioned that we are here...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: Perhaps I may just say that the amendment is my first stab at the issue with no help in creating it or any legal consultation. My next will be a lot better.

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, I am grateful to the Minister for his positive response to the ideas if not to the amendments themselves. We will return to this at the Report stage, as he has said, and I hope that we may have forthcoming from those associated with the Joint Committee on Human Rights some support at that point for the further debates in this area. With that, I beg leave to withdraw the amendment....

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, we have come to what I regard as the most important and possibly stickiest, most difficult issue that we face. It addresses the reason why we are all here today with a new Bill to try to solve the problem of the old one, which did not work. Why did the old DoLS not work? Because they were overbureaucratic, very expensive—we are talking about £2 billion a year and this is cheaper...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, the noble Baroness, Lady Tyler, has produced a perfectly adequate descriptor which would substitute perfectly well for “unsound mind”. We always face this difficulty in discussing terms that relate to stigmatised disorders. We have to keep changing the language to keep it up to date and to refresh people’s thinking about what we are dealing with. “Unsound mind” went out in...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: I really struggle to understand where these gaps might fall. For example, these people who have brain damage, which gives rise to a mental disorder, or people who have transient episodes of epilepsy, which might lead to some fugue state—would they not also be included in mental disorder, under the definition suggested by the noble Baroness, Lady Tyler? I cannot see where these gaps might...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, I support this amendment. As the noble Baroness, Lady Thornton, has already said, the Royal College of Psychiatrists feels strongly that this would clarify decision-making. There may be issues arising from the fact that when the Bill was being put together we had not yet had the Birmingham judgment, which is why we are not quite there yet. However, having the four regimes that we...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, I support the noble Lord, Lord Hunt, in his endeavour to raise this important issue about care homes. I know we will return to it. This is a very good example of where I had not really thought about the twin-track approach to raising the safeguarding issue. I understand completely how this came about as an attempt to try to improve on the monstrous bureaucracy of DoLS. This is a...

Mental Capacity (Amendment) Bill [HL] - Committee (1st Day) (5 Sep 2018)

Baroness Murphy: My Lords, I have added my name to Amendment 20, tabled by the noble Baroness, Lady Thornton, and I give my strong support to the amendment in the name of the noble Baroness, Lady Finlay. I pay tribute to the good sense that the noble Baroness, Lady Browning, has just brought to our debate. A theme that will run through our discussions and will come up again when we come to advance...

Mental Capacity (Amendment) Bill [HL] - Second Reading (Continued) (16 Jul 2018)

Baroness Murphy: My Lords, this Bill should be a lesson to us all. It is designed to correct the disaster created by another piece of legislation, introduced not to address a common problem or by popular demand by a group, but at the instigation of the judiciary, addressing a problem we did not know we had. Unfortunately, it does not solve the problem, and this House’s ability to improve it will merely...


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