Standing Committee Proceedings
Tuesday 14th December 2004
REPORT STAGE PROCEEDINGS
MENTAL CAPACITY BILL, AS AMENDED
NEW CLAUSES RELATING TO LIFE-SUSTAINING TREATMENT AND BEST INTERESTS
| | Mr Iain Duncan Smith
Jim Dobbin
Mrs Claire Curtis-Thomas
Ann Winterton
Mr Paul Burstow
Dr Brian Iddon |
| Mr Andrew Hunter | Mr Michael Mates | Mr William Cash |
| Mr Peter Luff | Mr Mark Field | Mr Paul Goodman |
| Mr David Wilshire | Mr Peter Lilley | Mr David Atkinson |
| Mr James Gray | Frank Cook | Mr Nigel Evans |
| Bob Spink | Mr Andrew Robathan | Derek Conway |
| Mr Terry Lewis | Mr Alan Meale | Sir Teddy Taylor |
| Mr Quentin Davies | Mr Joe Benton | Mr Tom Clarke |
| Mr Julian Brazier |
Negatived on division NC1
| | To move the following Clause:— |
| `(1) | Nothing in this Act permits, authorises or gives validity to any decision made with a purpose of bringing about the death of the person about whose welfare the decision is made. |
| (2) | The provisions of subsection (1) do not apply to— |
| (a) | a decision that a life-sustaining treatment is not to be carried out or continued because it would be unreasonably burdensome to the person; or |
| (b) | the power of the court to make such order concerning the continuance of life-sustaining treatment as it considers to be in the best interests of a person whom it has determined to be irreversibly unconscious.'. |
Excluded decisions (No. 2)
| | Mr Iain Duncan Smith
Jim Dobbin
Mrs Claire Curtis-Thomas
Ann Winterton
Mr Paul Burstow
Dr Brian Iddon |
| Mr Andrew Hunter | Mr Michael Mates | Mr William Cash |
| Mr Peter Luff | Mr Mark Field | Mr Paul Goodman |
| Mr David Wilshire | Mr Peter Lilley | Mr David Atkinson |
| Mr James Gray | Frank Cook | Mr Nigel Evans |
| Bob Spink | Mr Andrew Robathan | Derek Conway |
| Mr Terry Lewis | Mr Alan Meale | Sir Teddy Taylor |
| Mr Quentin Davies | Mr Joe Benton | Mr Tom Clarke |
| Mr Julian Brazier |
Negatived on division NC2
| | To move the following Clause:— |
| `(1) | Nothing in this Act authorises the withdrawal of palliative care. |
| (2) | "palliative care" includes the provision of— |
| (a) | relief of pain, suffering and discomfort; |
| (b) | nutrition and hydration, however provided. |
| (3) | The provisions of subsection (1) do not apply to— |
| (a) | a decision that nutrition and hydration is to be discontinued because it would be unreasonably burdensome to the person; or |
| (b) | the power of the court to make such order concerning the continuance of life sustaining treatment as it considers to be in the best interests of a person whom it has determined to be irreversibly unconscious.'. |
Palliative care
Mr George Howarth
Dr Howard Stoate
Mr Stephen Pound
Not called NC4
| | To move the following Clause:— |
| | `Nothing in this Act authorises the withdrawal of palliative care.'. |
NEW CLAUSES RELATING TO RESEARCH AND TO INDEPENDENTCONSULTEES
Non-therapeutic procedures
Mr Kevin Barron
Withdrawn NC3
| | To move the following Clause:— |
| | `The Secretary of State may by order applying either generally or in cases of a specified description authorise the carrying out of any medical or surgical procedure in relation to a person without capacity to consent which, although not carried out for his benefit, will in the opinion of the Secretary of State not cause him significant harm and be of significant benefit to others.'. |
Appointment of Independent Advocates (No. 2)
Mr Paul Burstow
Negatived on division NC5
| | To move the following Clause:— |
| `(1) | The appropriate authority must arrange, to such an extent as he considers necessary, to maintain the principles set out in section 1 of the Act, for independent advocates to be available to assist a person P when another person D is considering doing an act, or making a decision to do an act. |
| (2) | The assistance available under the arrangements must include— |
| (a) | assistance to permit an encourage the individual to participate or improve his ability to participate, as fully as possible in the act proposed to be done or the decision to be made affecting him; |
| (b) | assistance to express the individual's past and present wishes and feelings, beliefs and values and other factors which he would consider are relevant to the decision or proposed action if he were able to do so; |
| (c) | assistance to maintain the principles set out in section 1 of this Act. |
| (3) | The appropriate authority may make regulations— |
| (a) | as to the appointment or recognition of independent advocates for the purpose of this Act; |
| (b) | as to the functions of independent advocates for the purposes of this Act; |
| (c) | that a person may act as an independent advocate only in such circumstances, or only subject to such conditions, as may be prescribed; |
| (d) | for the appointment of a person as an independent advocate to be subject to approval in accordance with the regulations. |
| (4) | In making arrangements under subsection (1), the appropriate authority must have regard to the principle that support in relation to a proposed act or decision should, so far as practicable, be given by a person who is independent of any person who will be responsible for the act or decision. |
| (5) | The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. |
| (6) | The appropriate authority may make regulations as to the specified circumstances in which independent advocacy must be made available which shall include considerations of a major change in a person's accommodation and/or support arrangements where the accommodation or support is to be paid for in whole or in part from public funds, or would be but for the fact the person's resources exceed those set in regulations under section 22 of the National Assistance Act 1948. |
| (7) | A major change for the purpose of subsection (6) means any change to— |
| (a) | accommodation for a continuous period intended to or likely to exceed 28 days or |
| (b) | any new contractual arrangements for providing support, for a person who lacks capacity to agree to the changes, where accommodation or support is to be paid for in whole or in part from public funds, or |
| (c) | where the arrangements need to be made as a matter of urgency. |
| (8) | In this section "the appropriate authority" means— |
| (a) | in relation to the provision of the service of independent advocates in England, the Secretary of State, and |
| (b) | in relation to the provision of the service of independent advocates in Wales, the National Assembly for Wales.'. |
REMAINING NEW CLAUSES
Advance statements requesting care or treatment: general
Mr Paul Burstow
Not selected NC6
| | To move the following Clause:— |
| `(1) | In this section and sections 28 and 29, "advance statement" means an advance request made by a person (P), after he has reached 18 and when he has capacity to do so, detailing his preferences with regard to care or treatment so that if at a later time and in such circumstances as he may specify— |
| (a) | care or treatment is proposed to be carried out or continued, by a relevant authority, or where he would, were he not mentally incapacitated, be in a position to request a particular type of care or treatment, from a relevant authority, which he has specified in his advance statement, and |
| (b) | at that time he lacks capacity to |
| (i) | request care or treatment specified in his advance statement, or |
| (ii) | consent to the carrying out or continuation of care or treatment, |
| | the care or treatment which he has specified is to be carried out or continued by a relevant authority, if at that time, the request is reasonable in all the circumstances of the case. |
| (2) | For the purposes of subsection (1)(a), a decision may be regarded as specifying a type of care or treatment, or circumstances even though expressed in layman's terms. |
| (3) | For the purpose of subsection (1) a "relevant authority" means either: |
| (a) | a local authority exercising functions under section 47 of the National Health Service and Community Care Act 1990, or |
| (b) | a local housing authority within the meaning of the Housing Act 1985, |
| (c) | a Health Authority, Health Board, Special Health Authority, Primary Care Trust or National Health Service trust, or |
| (d) | any body providing care or treatment in a professional capacity or for remuneration. |
| (4) | An advance statement shall normally be recorded in writing and witnessed by a third party. |
| (5) | P may withdraw or alter an advance statement of any time when he has capacity to do so.'. |
Validity and applicability of advance statements
Mr Paul Burstow
Not selected NC7
| | To move the following Clause:— |
| `(1) | An advance statement does not affect the liability which a person may incur for carrying out continuing care or treatment in relation to P unless the statement is at the material time— |
| (b) | applicable to the care or treatment. |
| (2) | An advance statement is not valid if P— |
| (a) | has withdrawn the statement of a time when he had capacity to do so, |
| (b) | has, under a lasting power of attorney created after the advance statement was made, conferred authority on the donee (or, if more than one, any of them) to give or refuse consent to the care or treatment to which the advance statement relates, or |
| (c) | has done anything else clearly inconsistent with the advance statement remaining his fixed decision, |
| (d) | has requested care or treatment which is not reasonable in all the circumstances of the case. |
| (3) | An advance statement is not applicable to the care or treatment in question if at the material time P has capacity to give or refuse consent to it. |
| (4) | An advance statement is not applicable to care or treatment in question if— |
| (a) | that care or treatment is not the care or treatment specified in the advance statement, |
| (b) | any circumstances specified in the advance statement are absent, or |
| (c) | there are reasonable grounds for believing that circumstances exist which P did not anticipate at the time of the advance statement and which would have affected his statement had he anticipated them. |
| (5) | The existence of any lasting power of attorney other than one of a description mentioned in subsection (2)(b) does not prevent the advance statement from being regarded as valid and applicable.'. |
Effect of advance statements
Mr Paul Burstow
Not selected NC8
| | To move the following Clause:— |
| `(1) | If P has made an advance statement which is— |
| (b) | applicable to care or treatment, |
| | the preferences expressed in the advance statement have effect as if he had made them, and had had capacity to make them, at the time when the question arises whether the care or treatment should be carried out or continued. |
| (2) | A person does not incur liability for carrying out or continuing the care or treatment unless, at the time, he is satisfied that an advance statement exists which is valid and applicable to the care or treatment. |
| (3) | A person does not incur liability for the consequences of withholding or withdrawing care or treatment from P if, at the time, he reasonably believes that an advance statement exists which is valid and applicable to the care and treatment. |
| (4) | The court may make a declaration as to whether an advance statement— |
| (c) | is applicable to the care or treatment; |
| (5) | Nothing in an apparent advance statement stops a person— |
| (a) | providing life-sustaining treatment, or |
| (b) | doing any act he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court. |
| (6) | If, in respect of P, who has made and not withdrawn an advance statement— |
| (a) | a health or social care professional makes a decision which conflicts with the wishes specified in the advance statement; |
| (b) | a relevant authority fails to give the care or treatment which P has requested in his advance statement, |
| | the relevant authority shall comply with the requirements set out in subsection (7) below. |
| (7) | Those requirements are— |
| (a) | recording in writing the circumstances in which the care or treatment was authorised, given or made or, as the case may be, not authorised, given or made, and the reasons why; |
| (i) | the person who made the statement; |
| (ii) | the person's lasting power of attorney; |
| (iii) | that person's court-appointed deputy, |
| | with a copy of that record; and |
| (c) | placing a copy of that record with P's medical or social care records.'. |
Mr Paul Burstow
Not called 46
| | Page 1, line 16 [Clause 1], at end insert— |
| `(7) | An act done, or decision made under this Act by any person acting in a professional capacity, or for remuneration, for or on behalf of a person who lacks capacity must: |
| (a) | not be done in a way that is less favourable than the way in which it would be done or made for, or on behalf of any other person who lacks capacity, or for a person who had capacity, in a comparable situation, |
| (b) | be done without prejudice to the person's age, sex, sexual orientation, disability, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 3
| | Page 2, line 25 [Clause 3], at end insert— |
| `( ) | A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand a general explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 4
| | Page 2, line 35 [Clause 4], leave out `circumstances appearing to him to be relevant' and insert `relevant circumstances'. |
Mr Iain Duncan Smith
Jim Dobbin
Mrs Claire Curtis-Thomas
Ann Winterton
Mr Paul Burstow
Dr Brian Iddon
| Mr Andrew Hunter | Mr Michael Mates | Mr William Cash |
| Mr Peter Luff | Mr Paul Goodman | Mr David Wilshire |
| Mr Peter Lilley | Mr David Atkinson | Mr James Gray |
| Frank Cook | Mr Nigel Evans | Bob Spink |
| Derek Conway | Mr Terry Lewis | Mr Alan Meale |
| Sir Teddy Taylor | Mr Quentin Davies |
Negatived on division 1
| | Page 2, line 41 [Clause 4], at end insert— |
| `(3A) | Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'. |
Tony Wright
Mr Paul Burstow
Not called 45
| | Page 3, line 3 [Clause 4], at end insert— |
| `(4A) | This must include the provision of communication support appropriate to the person, in particular in relation to the matters mentioned in section 4(5).'. |
Mr George Howarth
Mrs Angela Browning
Dr John Pugh
Dr Howard Stoate
Mr Stephen Pound
Mr Khalid Mahmood
As amended, agreed to 2
| | Page 3, line 3 [Clause 4], at end insert— |
| `(4A) | He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'. |
As an Amendment to Mr George Howarth's proposed Amendment (No. 2) (Page 3, line 3, [Clause 4])—
Mr David Lammy
Ms Rosie Winterton
Agreed to (a)
| | Line 2, leave out `best'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 5
| | Page 3, line 27 [Clause 4], at end insert— |
| ` ( ) | "Relevant circumstances" are those— |
| (a) | of which the person making the determination is aware, and |
| (b) | which it would be reasonable to regard as relevant.'. |
As an Amendment to Mr David Lammy's proposed Amendment (No. 5) (Page 3, line 27 [Clause 4])—
Mr Tim Boswell
Mr Dominic Grieve
Not called (a)
| | Line 2, after `determination', insert `acting with due diligence'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 37
| | Page 3, line 27 [Clause 4], at end insert— |
| `(8A) | "Life-sustaining treatment" means treatment which in the view of a person providing health care for the person concerned is necessary to sustain his life.'. |
Mr Iain Duncan Smith
Not selected 68
| | Page 3, line 27 [Clause 4], at end insert— |
| `(8A) | Nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 38
| | Page 4, line 23 [Clause 6], leave out subsection (7). |
Mr Tim Boswell
Mr Dominic Grieve
Not selected 40
| | Page 4, line 23 [Clause 6], after `person', insert `or persons'. |
Mr Iain Duncan Smith
Not selected 69
| | Page 5, line 11 [Clause 9], at end insert `save that where a decision is made under (a) above that decision shall not be valid if it requires any person to withdrawn or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr Iain Duncan Smith
Not selected 70
| | Page 5, line 25 [Clause 9], at end insert `; and |
| (c) | the proviso that nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P'. |
Mr Tim Boswell
Mr Dominic Grieve
Not called 41
| | Page 5, line 25 [Clause 9], at end insert— |
| `(c) | any restrictions or conditions subsequently imposed by the Court of Protection.'. |
Mr Iain Duncan Smith
Not selected 71
| | Page 6 [Clause 11], leave out lines 37 and 38. |
Mr Iain Duncan Smith
Not selected 72
| | Page 6, line 38 [Clause 11], at end insert— |
| `(c) | nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr Iain Duncan Smith
Not selected 73
| | Page 7, line 26 [Clause 13], at end insert `and for that purpose P shall be taken to revoke the power howsoever he indicates that revocation, whether orally or by signs or in some other manner and the burden of proof shall be upon those who seek to establish the existence and continued validity and applicability of the power.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 6
| | Page 8, line 26 [Clause 14], leave out `events, facts or'. |
Mr Iain Duncan Smith
Not selected 76
| | Page 10, line 13 [Clause 17], at end insert `; and provided that nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr Iain Duncan Smith
Not selected 74
| | Page 10 [Clause 17], leave out lines 12 to 16. |
Mr Iain Duncan Smith
Not selected 75
| | Page 10, line 13 [Clause 17], at end insert `with the proviso that any such decision shall not be valid if it requires any person to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr Iain Duncan Smith
Not selected 77
| | Page 12, line 8 [Clause 20], leave out subsections (5) and (6). |
Mr Iain Duncan Smith
Not selected 78
| | Page 12, line 12 [Clause 20], at end insert— |
| `( ) | A deputy may not be given power to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Dr Brian Iddon
Mr Kerry Pollard
Jim Dobbin
Mr Iain Duncan Smith
Ann Winterton
Negatived on division 32
| | Page 14, line 10, leave out Clause 24. |
Mr Iain Duncan Smith
Not selected 79
| | Page 14, line 23 [Clause 24], at end insert `and for that purpose P shall be taken to revoke the power howsoever he indicates that revocation, whether orally or by signs or in some other manner and the burden of proof shall be upon those who seek to establish the existence and continued validity and applicability of the power.'. |
Mr Paul Burstow
Not selected 47
| | Page 14, line 23 [Clause 24], at end insert— |
| `(4) | An advance decision shall normally be recorded in writing and witnessed by a third party.'. |
Mr Iain Duncan Smith
Not selected 80
| | Page 15, line 3 [Clause 25], at end insert `; and |
| (d) | it requires any person to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr Tim Boswell
Mr Dominic Grieve
Not called 42
| | Page 15, line 5 [Clause 25], at end insert `and it was explained to P before reaching his decision that the withdrawal of the treatment in question might include the withdrawal of artificial nutrition and hydration.'. |
Mr Iain Duncan Smith
Not selected 81
| | Page 15, line 30 [Clause 26], at end insert— |
| `(6) | nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 7
| | Page 17, line 15 [Clause 31], after `to', insert `, or causes or contributes to,'. |
Mr Tim Boswell
Mr Dominic Grieve
Negatived on division 43
| | Page 17, line 24 [Clause 31], at end insert— |
| `(c) | be in the best interests of P.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 8
| | Page 18, line 16 [Clause 32], leave out from `project' to end of line 17 and insert `, that he is withdrawn from it.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 9
| | Page 18, line 17 [Clause 32], at end insert— |
| `( ) | But subsection (5)(b) does not require treatment that P has been receiving as part of the project to be discontinued if R has reasonable grounds for believing that there would be a significant risk to P's health if it were discontinued.'. |
Mr Tim Boswell
Mr Dominic Grieve
Not called 44
| | Page 18, line 18 [Clause 32], leave out `or is P's deputy.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 10
| | Page 18, line 21 [Clause 32], leave out subsections (7) and (8). |
Mr David Lammy
Ms Rosie Winterton
Agreed to 11
| | Page 18, line 26 [Clause 32], after `if', insert `treatment is being, or is about to be, provided for P as a matter of urgency and'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 12
| | Page 18, line 28 [Clause 32], after `is', insert `also'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 13
| | Page 19, line 3 [Clause 33], after `to', insert `— |
Mr David Lammy
Ms Rosie Winterton
Agreed to 14
| | Page 19, line 3 [Clause 33], after `effect', insert `, or |
| (ii) | any other form of statement made by him and not subsequently withdrawn, |
of which R is aware.'.
Mr Paul Burstow
Not called 48
| | Page 19, line 10 [Clause 34], leave out `Independent consultee service' and insert `Independent advocates'. |
Mr Paul Burstow
Not called 49
| | Page 19, line 11 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 50
| | Page 19, line 13 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 51
| | Page 19, line 16 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 52
| | Page 19, line 17 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 53
| | Page 19, line 20 [Clause 34], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 54
| | Page 19, line 22 [Clause 34], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 55
| | Page 19, line 32 [Clause 34], leave out `consultee' and insert `advocate'. |
Mr Paul Burstow
Not called 56
| | Page 19, line 42 [Clause 34], leave out `independent consultee's' and insert `independent advocate's'. |
Mr Paul Burstow
Not called 57
| | Page 20, line 1 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 58
| | Page 20, line 3 [Clause 34], leave out `independent consultees' and insert `independent advocates'. |
Mr Tom Clarke
Mr Paul Burstow
Not called 34
| | Page 20 [Clause 35], leave out lines 11 to 13. |
Mr Tom Clarke
Mr Paul Burstow
Not called 35
| | Page 20 [Clause 36], leave out lines 37 to 39. |
Mr Paul Burstow
Not called 59
| | Page 21, line 2 [Clause 36], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 60
| | Page 21, line 8 [Clause 36], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 61
| | Page 21, line 16 [Clause 36], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 62
| | Page 21, line 17 [Clause 36], leave out `independent consultee' and insert `independent advocate'. |
Mr Tom Clarke
Mr Paul Burstow
Not called 36
| | Page 21 [Clause 37], leave out lines 39 to 41. |
Mr Tom Clarke
Mr Paul Burstow
Not called 33
| | Page 22, line 2 [Clause 37], at end add `or if accommodation would be provided but for the fact the person's resources exceed those set in regulations under section 22 of the National Assistance Act 1948.'. |
Mr Paul Burstow
Not called 63
| | Page 22, line 12 [Clause 37], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 64
| | Page 22, line 19 [Clause 37], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 65
| | Page 22, line 31 [Clause 39], leave out `independent consultee' and insert `independent advocate'. |
Mr Paul Burstow
Not called 66
| | Page 22, line 33 [Clause 39], leave out `independent consultees' and insert `independent advocates'. |
Mr Paul Burstow
Not called 67
| | Page 22, line 38 [Clause 39], leave out `independent consultee' and insert `independent advocate'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 15
| | Page 23, line 9 [Clause 40], at end insert— |
| `( ) | for the guidance of independent consultees,'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 16
| | Page 23, line 21 [Clause 40], at end insert— |
| `( ) | as an independent consultee,'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 17
| | Page 24, line 14 [Clause 42], leave out subsection (1) and insert— |
| `(1) | Subsection (1A) applies if a person ("D")— |
| (a) | has the care of a person ("P") who lacks, or whom D reasonably believes to lack, capacity, |
| (b) | is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or |
| (c) | is a deputy appointed by the court for P.'. |
| (1A) | D is guilty of an offence if he ill-treats or wilfully neglects P.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 18
| | Page 30, line 8 [Clause 55], leave out from `Guardian' to end of line 10 and insert `— |
| (a) | provide him with such officers and staff, or |
| (b) | enter into such contracts with other persons for the provision (by them or their sub-contractors) of officers, staff or services, |
as the Lord Chancellor thinks necessary for the proper discharge of the Public Guardian's functions.'.Mr David Lammy
Ms Rosie Winterton
Agreed to 19
| | Page 30, line 42 [Clause 56], after `provision', insert `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 20
| | Page 30, line 43 [Clause 56], leave out first `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 21
| | Page 30, line 43 [Clause 56], leave out second `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 22
| | Page 31, line 1 [Clause 56], leave out `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 23
| | Page 31, line 2 [Clause 56], leave out `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 24
| | Page 31, line 2 [Clause 56], at end insert— |
| `( ) | exemptions from and reductions in such fees; |
| ( ) | remission of such fees in whole or in part;'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 25
| | Page 31, line 3 [Clause 56], leave out `as to'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 39
| | Page 32, line 31 [Clause 60], leave out `6(7)' and insert `4(8A)'. |
Mr Iain Duncan Smith
Not selected 82
| | Page 33, line 7 [Clause 60], at end insert `"sustenance" includes the provision of food and fluids howsoever delivered.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 26
| | Page 33, line 27 [Clause 61], after `than', insert `regulations under section 39 or'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 27
| | Page 33, line 29 [Clause 61], at end insert— |
| `( ) | A statutory instrument containing regulations made by the Secretary of State under section 39 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 28
| | Page 34, line 11 [Clause 63], leave out subsection (5) and insert— |
| `( ) | The amendments that may be made under subsection (4)(b) are in addition to those made by or under any other provision of this Act.'. |
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