Ministerial Corrections

Wednesday 13th February 2019 Ministerial Corrections

Wednesday 13 February 2019

Health and Social Care

Wednesday 13th February 2019 Ministerial Corrections

Mental Capacity (Amendment) Bill [Lords]

The following are extracts from the Report stage of the Mental Capacity (Amendment) Bill [Lords] on 12 February 2019.

[Caroline Dinenage]

This particular area of law has always been open to legal challenge. We decided to include a definition because so many stakeholders, as well as the Law Commission and Members of the other place, thought it essential.

[Official Report, 12 February 2019, Vol. 654, c. 802.]

[Caroline Dinenage]

For example, in the new system a family member or a loved one can be an approved person.

[Official Report, 12 February 2019, Vol. 654, c. 803.]

[Caroline Dinenage]

The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their family is the approved person. We must always leave a little space in case the person does not want their approved person to be a family member for whatever reason.

[Official Report, 12 February 2019, Vol. 654, c. 804.]

Letter of correction from The Minister for Care (Caroline Dinenage):

Errors have been identified in the response I gave on Amendment 1 to clause 6.

The correct wording should have been:

[Caroline Dinenage]

This particular area of law has always been open to legal challenge. We decided to include a definition because so many stakeholders, as well as the Joint Committee on Human Rights and Members of the other place, thought it essential”.

[Caroline Dinenage]

For example, in the new system a family member or a loved one can be an appropriate person.

[Caroline Dinenage]

The wishes and feelings of the vulnerable person are at the centre of the Bill, and the wishes and feelings of their family will definitely be taken into consideration if their family is the approved person. We must always leave a little space in case the person does not want their appropriate person to be a family member for whatever reason.