division_name: Mental Capacity (Amendment) Bill [Lords]
motion: <p class="indent" pid="c728.3/2" pwmotiontext="yes">&#8220;leaving many older people with no protection at all&#8230; If we lose this opportunity we&#8217;re unlikely to get another one in this Parliament and it is profoundly unfair on the older people and their families&#8230;to have to wait any longer&#8230;doing nothing is not an option.&#8221;</p>
  
  <p class="indent" pid="c730.8/3" pwmotiontext="yes">&#8220;The Bill provides a vital opportunity for long-awaited reform&#8221;</p>
  
  <p class="indent" pid="c730.8/6" pwmotiontext="yes">&#8220;enshrines a conflict of interest in relation to independent providers of health and care services&#8221;.</p>
  
  <p class="indent" pid="c731.0/2" pwmotiontext="yes">&#8220;this House declines to give a Second Reading to the Mental Capacity (Amendment) Bill, notwithstanding the need for reform to the current system of mental capacity assessments and while acknowledging the improvements made to the Bill by the House of Lords, because the Bill underwent no pre-legislative scrutiny, it does not put the interests of the cared-for person at the heart of the Bill, it enshrines a conflict of interest in relation to independent providers of health and care services, it fails to provide measures to reduce the substantial backlog of Deprivation of Liberty Safeguards Assessments and it fails to recognise explicitly the interface with the Mental Health Act when determining which legislation should be used to authorise care or treatment arrangements.&#8221;</p>
  
  <p class="indent" pid="c734.3/6" pwmotiontext="yes">&#8220;local authorities of the&#8230;legal liability burden of more than &#163;408 million by removing the backlog of&#8230;applications.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-07-16">16 July</phrase> 2018; Vol. 792, c. 1060.]</p>
  
  <p class="indent" pid="c734.3/11" pwmotiontext="yes">&#8220;There is a lack of clarity about the role of the Care Home Manager...the separation of roles between care homes and community care provision seems designed to increase rather than reduce confusion and complexity.&#8221;</p>
  
  <p class="indent" pid="c734.3/13" pwmotiontext="yes">&#8220;This ill-considered Bill risks storing up a range of problems of a kind that we do not want and should be slowed or returned for redrafting.&#8221;</p>
  
  <p class="indent" pid="c737.1/3" pwmotiontext="yes">&#8220;We cannot introduce another Bill or piece of legislation that just creates a problem three years down the line.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-07-16">16 July</phrase> 2018; Vol. 792, c. 1110.]</p>
  
  <p class="indent" pid="c743.0/4" pwmotiontext="yes">&#8220;This is one of the worst pieces of legislation ever brought before this House.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-12-11">11 December</phrase> 2018; Vol. 794, c. 1247.]</p>
  
  <p class="indent" pid="c744.0/2" pwmotiontext="yes">&#8220;highly deficient, but not as bad as it was.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-12-11">11 December</phrase> 2018; Vol. 794, c. 1247.]</p>
  
  <p class="indent" pid="c748.0/2" pwmotiontext="yes">&#8220;save&#8230;in accordance with a procedure determined by law&#8221;.</p>
  
  <p class="indent" pid="c748.0/4" pwmotiontext="yes">&#8220;far from being used to protect individuals and their rights, they are sometimes used to oppress individuals, and to force upon them decisions made by others without reference to the wishes and feelings of the person concerned.&#8221;</p>
  
  <p class="indent" pid="c748.0/7" pwmotiontext="yes">&#8220;references to deprivation of a person&#8217;s liberty have the same meaning as in Article 5(1) of the Human Rights Convention.&#8221;</p>
  
  <p class="indent" pid="c748.0/10" pwmotiontext="yes">&#8220;very much king of his castle in his own place. He requires 24/7 support, which is either me or a member of the support team. It was decided last week that Stephen is being deprived of his liberty in his own home on the basis that, first, he is not free to leave, because you need support workers to go with him when he goes to the shop or goes swimming, and secondly, that he is under constant supervision.&#8221;</p>
  
  <p class="indent" pid="c748.0/12" pwmotiontext="yes">&#8220;gone so overboard after this judgment it is ridiculous&#8221;.</p>
  
  <p class="indent" pid="c748.0/14" pwmotiontext="yes">&#8220;a scheme which applies too widely will be so light touch as to reduce protection for those who truly need it.&#8221;</p>
  
  <p class="indent" pid="c756.0/12" pwmotiontext="yes">&#8220;a better balance between the importance of care planning and the provision of (all too often) perfunctory and box-ticking procedural safeguards around that care.&#8221;</p>
  
  <p class="italic" pid="c756.0/16" pwmotiontext="yes">The House divided:</p>
  
  <p pid="c756.0/17" pwmotiontext="yes">Ayes 229, Noes 304.</p>