Written Statements

Monday 30th October 2017 Written Statements

Monday 30 October 2017

Law Commission Report: Mental Capacity

Monday 30th October 2017 Written Statements

[The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)]

I am today announcing the publication of the Government’s interim response to the Law Commission’s report on Mental Capacity and Deprivation of Liberty, a copy of which is attached.

In England, around two million people with conditions such as dementia, learning disability or an acquired brain injury may be unable to always make decisions about their care or treatment, including where they live, because they lack mental capacity. In 2007, the Government amended the Mental Capacity Act to introduce the deprivation of liberty safeguards (DoLS), which provide a legal framework for such decisions. However, the framework has been subsequently criticised in both Houses, as well as by charities, local authorities and families. The current regime is inflexible and complex and the system is bureaucratic and unwieldly, meaning that it is unnecessarily cumbersome to ensure that vulnerable people are afforded the rights and protections to which they are entitled. The current system does not always empower people or place them at the heart of decision making about their care as set out by the Care Act 2016.

The Commission were asked to conduct a fundamental review of the deprivation of liberty safeguards provisions which are rooted in the Mental Capacity Act and integrated into healthcare practices for joined-up person-centred care. Our expressed priority at the time was that any new scheme delivers real tangible benefits for individuals and their families, and this remains the case. Any new scheme must improve the quality of care for people, improve access to safeguards and be cost-effective.

I welcome the publication of the Law Commission’s report, which we are carefully considering and thank them for their careful and considered work. We will now engage with a range of stakeholders to understand in greater detail how these changes can be implemented. We will also consider what enabling actions need to be taken to support the Mental Capacity Act ethos of greater empowerment and care centred around people, their wishes and aspirations.

This Government are committed to take action to reform mental health and to transforming care for people with conditions such as dementia, learning difficulties and autism. Action to reform the current deprivation of liberty safeguards regime is an important contribution towards achieving these aims including effectively protecting some of the most vulnerable people in our society.

The Government will provide their final response on the Law Commission report to the House in spring 2018.

Attachments can be viewed online at: http://www. parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2017-10-30/HCWS202/.

[HCWS202]

National DNA Database Ethics Group

Monday 30th October 2017 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

My noble Friend Baroness Williams of Trafford has today made the following written ministerial statement:

I am pleased to announce the publication today of the 9th annual report of the National DNA Database Ethics Group. The Group was established on 25 July 2007 to provide Ministers with independent ethical advice on the operation and practice of the National DNA Database.

I am grateful to the Ethics Group for their strategic advice concerning the use of biometric identifiers and for their continued oversight of the work of the Forensic Information Database Strategy Board, which contributes to ensuring that robust procedures are in place to minimise DNA contamination and remove systematic errors in the forensic use of DNA.

The Ethics Group’s annual report can be viewed on the website of the National DNA Database Ethics Group and I am arranging for a copy to be placed in the Library of both Houses.

I am grateful to the Ethics Group for their strategic advice concerning the use of biometric identifiers and for their continued oversight of the work of the Forensic Information Database Strategy Board, which contributes to ensuring that robust procedures are in place to minimise DNA contamination and remove systematic errors in the forensic use of DNA.

The Ethics Group’s annual report can be viewed on the website of the National DNA Database Ethics Group and I am arranging for a copy to be placed in the House Library.

[HCWS203]

Justice Update

Monday 30th October 2017 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)]

I have today laid before Parliament, and shared with the Chair of the Justice Select Committee, the Government’s post-legislative memorandum for the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012, introduced by the coalition Government. This fulfils the commitment made by former Justice Minister Sir Oliver Heald before this House earlier this year.

My predecessors also committed to publish a post-implementation review of the legal aid changes made by the Act during its passage through Parliament. I have asked my officials to commence this review.

Our legal aid system is a fundamental pillar of access to justice, accounting for more than a fifth of the Ministry of Justice’s budget. The reforms within the Act were founded on delivering better value for money for taxpayers by reducing the cost of the scheme and discouraging unnecessary and adversarial litigation, while ensuring that legal aid continues to be available for the highest priority cases, for example where life or liberty is at stake, where someone faces the loss of their home, in domestic violence cases, or where their children may be taken into care.

The Government have previously committed to review a number of areas, including:

the changes made to the scope of legal aid for family, civil and criminal cases, and the introduction of the Exceptional Case Funding scheme;

the changes made to fees for various types of legal aid work;

the procedural changes the Act made, including the introduction of the mandatory telephone gateway and the introduction of evidence requirements for victims of domestic violence and child abuse;

changes to the rules on financial eligibility, including the application of the capital eligibility test to all legal aid applicants, increasing income contributions for those eligible to contribute, and capping the subject matter of dispute disregard;

changes to the application of the merits test;

the abolition of the Legal Services Commission and its replacement with the Legal Aid Agency.

This review of part 1 of the Act will be led by officials in my Department. I am keen that we listen to views on these changes from all interested parties, and I will shortly be inviting individuals and organisations to join consultative panels and contribute to this review work.

The review will conclude before the start of the summer recess 2018.

My predecessors also committed to a post-implementation review of the civil litigation funding and costs reforms in part 2 of the Act. We are considering how to carry out that review, but we hope to conclude it to the same timetable.

[HCWS204]

Social Policy, Health and Consumer Affairs Council

Monday 30th October 2017 Written Statements

[The Minister for Employment (Damian Hinds)]

The Employment, Social Policy, Health and Consumer Affairs Council met on 23 October 2017 in Luxembourg. Margot James, Minister for Small Business, Consumers and Corporate Responsibility at the Department for Business, Energy and Industrial Strategy, represented the UK.

The Council agreed the draft interinstitutional proclamation on the European pillar of social rights and gave permission for the presidency to sign on Council’s behalf. It is expected that this will now be officially signed at the Gothenburg social summit on 17 November.

The Council agreed a general approach on the posting of workers directive. Discussion during Council focused on the duration of postings and application to the transport sector. The UK argued for a balanced text which protected workers without disproportionate burdens on business but ultimately, along with Ireland and Croatia, abstained from the vote.

The Council also agreed a partial general approach on two chapters (equal treatment and applicable legislation) revising EU Social Security Co-ordination Regulation 883/2004. The UK voted in support.

Ministers discussed “improving co-operation in cross-border labour mobility to fight fraud and abuse” over lunch.

The Council endorsed the key employment and social challenges, based on the key messages from the Employment and Social Protection Committees, without comment.

Under any other business, the presidency and Commission provided information on the tripartite social summit. The presidency provided information on the Tallinn digital summit and the Commission provided information on the new skills agenda for Europe. The European Institute for Gender Equality gave a presentation on the 2017 gender equality index.

[HCWS201]