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Brought up, and read the First time.
Paul Holmes (Chesterfield) (LD): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker: With this it will be convenient to take the following amendments: No. 48, in page 19, line 10, leave out 'Independent consultee service' and insert 'Independent advocates'.
No. 49, in page 19, line 11, leave out 'independent consultees' and insert 'independent advocates'.
No. 50, in page 19, line 13, leave out 'independent consultees' and insert 'independent advocates'.
No. 51, in page 19, line 16, leave out 'independent consultees' and insert 'independent advocates'.
No. 52, in page 19, line 17, leave out 'independent consultees' and insert 'independent advocates'.
No. 53, in page 19, line 20, leave out 'independent consultee' and insert 'independent advocate'.
No. 54, in page 19, line 22, leave out 'independent consultee' and insert 'independent advocate'.
No. 55, in page 19, line 32, leave out 'consultee' and insert 'advocate'.
No. 56, in page 19, line 42, leave out 'independent consultee's' and insert 'independent advocate's'.
No. 57, in page 20, line 1, leave out 'independent consultees' and insert 'independent advocates'.
No. 58, in page 20, line 3, leave out 'independent consultees' and insert 'independent advocates'.
No. 34, in page 20, leave out lines 11 to 13.
No. 35, in page 20, leave out lines 37 to 39.
No. 59, in page 21, line 2, leave out 'independent consultee' and insert 'independent advocate'.
No. 60, in page 21, line 8, leave out 'independent consultee' and insert 'independent advocate'.
No. 61, in page 21, line 16, leave out 'independent consultee' and insert 'independent advocate'.
No. 62, in page 21, line 17, leave out 'independent consultee' and insert 'independent advocate'.
No. 36, in page 21, leave out lines 39 to 41.
No. 33, in page 22, line 2, at end add
No. 63, in page 22, line 12, leave out 'independent consultee' and insert 'independent advocate'.
No. 64, in page 22, line 19, leave out 'independent consultee' and insert 'independent advocate'.
No. 65, in page 22, line 31, leave out 'independent consultee' and insert 'independent advocate'.
No. 66, in page 22, line 33, leave out 'independent consultees' and insert 'independent advocates'.
No. 67, in page 22, line 38, leave out 'independent consultee' and insert 'independent advocate'.
Government amendments Nos. 15 and 16.
Paul Holmes: New clause 5 continues a debate that occupied some time in Standing Committee. The Government propose to introduce independent consultees, along the lines of existing advocates, to advise NHS bodies and local authorities about what is in a person's best interests when a decision is being made about serious medical treatment, or before certain types of accommodation are provided. The Government also propose to provide £6.5 million to fund the arrangements, but only for persons without friends and familythe unbefriended.
Much of that is good, as far as it goes, but concerns remain. The Making Decisions Alliance encompasses some 40 different disability campaigning groups and has been at the forefront in expressing those concerns. It said that what the Government call the independent consultee service could cause confusion by becoming a rival to the existing independent advocacy services and it believes that there is no need for two such services. That is why new clause 5 would replace all the references in the Bill to independent consultees with the phrase "independent advocates". Advocacy services already fulfil the role of independent consultees and make representations to decision makers. There is no need for a completely new service, with a completely new title to explain what it does.
There is also concern about the restriction of the independent consultee service simply to the unbefriended. If the Government's advocacy-plus, as Ministers dubbed it in Committee, is to involve highly trained, skilled and experienced staff, why deny their services to those people who have family and friends?
Mr. Boswell: I am grateful to the hon. Gentleman for giving way as it will save me having to speak in this debate. May I cite to him the exampleit was mentioned in Committeeof cases in which there are family disagreements? In such cases, it may be important to represent the views of the person without capacity in an objective way.
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