All 1 Sarah Wollaston contributions to the Mental Capacity (Amendment) Act 2019

Read Bill Ministerial Extracts

Tue 12th Feb 2019
Mental Capacity (Amendment) Bill [Lords]
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Mental Capacity (Amendment) Bill [Lords] Debate

Full Debate: Read Full Debate
Department: Department of Health and Social Care

Mental Capacity (Amendment) Bill [Lords]

Sarah Wollaston Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 12th February 2019

(5 years, 10 months ago)

Commons Chamber
Read Full debate Mental Capacity (Amendment) Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 12 February 2019 - (12 Feb 2019)
Caroline Dinenage Portrait Caroline Dinenage
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I am afraid that I cannot take any more interventions at this stage.

Our Bill allows the person themselves to request an IMCA from the responsible body if they have the capacity to do so, and it explicitly states that an appropriate person can request an IMCA or that the responsible body should appoint an IMCA if it believes that the appropriate person having the support of an IMCA would be in the cared-for person’s best interest.

I agree that the appropriate person has a challenging role with vital duties to ensure that the person exercises their rights, and we want to work with others in the sector to establish how best to support them in this role. There is existing provision in the Bill to address the concerns raised by amendment 51. In some areas, the amendment adds uncertainty and over-complication.

This Bill is about protecting vulnerable people and replacing a one-size-fits-all system.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
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I thank my hon. Friend for giving way and for listening to many of the concerns that have been expressed about the Bill, as shown in the Government amendments. How are we going to deal with the extraordinary backlog of cases, which has left over 125,000 people without protection? The safeguards she has set out will stop this being a rushed process, but will she say something about the backlog?

Caroline Dinenage Portrait Caroline Dinenage
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The backlog of 125,000 people without the safeguards they need, with their families lacking reassurance and with the people who care for them lacking legal protection, is an enormous concern. That is why, during the long period in which we will set out the code of practice, we will be supporting local authorities to go through those backlogs. From day one, when the system is implemented, any new applications and those still in the backlog will be processed using the new system.

With grateful thanks for your patience, Mr Deputy Speaker, I will now sit down. This new system puts individuals at its very heart, and it removes the one-size-fits-all, box-ticking exercise we have unfortunately come to live with under the current system.