Speeches by Richards.

“The hon. Member is making a powerful argument, but there is a difference between trying to control external factors that may affect an individual making a decision and primary legislation that tries to regulate a person with capacity making an assessment of what is in their best interest. Can he think of any other circ…”

“I keep making the point that clause 9 adds a different element to this process. It says that, when undertaking the assessment, one of the two doctors “may, if they have doubt as to…capacity…refer the person for assessment” of their capacity by a psychiatrist. Does that reassure the hon. Member that there is a further l…”

“I am sympathetic to the problem the hon. Lady has identified of people who have a terminal illness as well as other mental health conditions. Instead of rewriting the Mental Capacity Act for this new context, would it not be better to secure safeguards through clause 9, through which further assessments are potentially…”

“I have a few questions for the hon. Member. Who does she propose will decide whether a decision by someone who has capacity is wise or unwise? Does she also propose changing the law around patients’ refusing life-saving treatment? Should that be handled under the Mental Capacity Act, as it is at the moment?”

“I am trying to understand my hon. Friend’s argument. In terms of a person choosing to ask their doctor to turn off their life support machine, as opposed to someone offering a person drugs to self-administer, I understand that there are differences in terms of public policy and that, for some, there are differences mor…”

“It is a pleasure to serve under your chairmanship, Mr Turner. I congratulate my hon. Friend the Member for Halesowen (Alex Ballinger) on securing this debate. I can be brief, because many of my points have already been made. Like my hon. Friend the Member for Glasgow North East (Maureen Burke), who mentioned her consti…”

“In terms of the balance between visa fees and levels of migration, is that the same calculation for the immigration skills charge? Is there a different cross-departmental negotiation regarding that, as opposed to visa fees? I also have a broader question—as a new MP, I am using my right to ask what is perhaps a stupid …”

“I have a final, specific question about Professor Jay’s evidence. She said that a special adviser called her, and she had hoped it was to discuss the contents of her report and what the Department would take forward. In fact, it was essentially—I am paraphrasing—to give her a dressing down for calling for the Governmen…”

“I agree that just having the crude recommendations and ticking them off is not the answer. Would you welcome—in theory anyway—Governments engaging with the inquiries before they end? Otherwise, you get this list of recommendations and people hoping that they will be ticked off, and maybe that is not doing justice to th…”

“I am aware of the time, but can we have an update on the Brook House inquiry recommendations? Thirteen recommendations were described as “on track for closure by summer 2025”; I wondered what that meant and whether you could flesh it out. That is probably a question for Simon. To step back a bit, on inquiries more broa…”

“To follow up on the horizon-scanning radar, you mentioned other countries that are potentially doing this well. Are you able to say which ones? How does the process of learning lessons from other countries work? Is there a lot of informal dialogue, or is there a process by which that happens?”

“Q This question is probably best for Alex. Yesterday we heard evidence about the health inequalities in our society and fears that they would be exacerbated by the introduction of assisted dying. What was the experience in Australia? Alex Greenwich: If I think of our health system and how we adopted voluntary assisted …”

“Q If I may, I will push Professor House on the evidence he was giving to Mr Atkinson’s questions, so that I understand the necessity for psychiatric assessment under the current legal framework. Clearly there are degrees here. If a patient who has diabetes refuses to take insulin but would otherwise be able to manage t…”

“Q To be clear, would it concern you because it would cause confusion? Yogi Amin: It is a well settled and understood approach to the law, and producing a new one would throw up a whole new conundrum, where people would be questioning how to approach it, etc. It is not broken—it works well.”

“Q Would the decision about the need for a psychiatric assessment be undertaken by a medical clinician? Professor House: In the circumstances you are talking about—generally, yes.”

“Q Thank you for those introductory statements. I have a question for Mr Amin regarding the current operation of the Mental Capacity Act 2005, and how the Court of Protection approaches that issue. The Bill as currently drafted essentially defers to the Act, and I wondered if you have any reservations about that, or any…”

“That is welcome. Dr Graham: I think the judicial safeguard strengthens the convention compatibility because of the argument relating to Mortier that was set out earlier, but I do not think it is essential for convention combability because of the case law I mentioned earlier.”

“Q Dr Graham, in paragraph 21 of your very helpful written evidence, you say that the judicial involvement in the process strengthens the Bill, in terms of convention compatibility. Do you agree with Lord Sumption about the effect on convention compatibility if that stage were not present, and do you have any comments o…”

“Q You have touched on this, but perhaps we could have some further clarity. Certain amendments have been suggested that are essentially more prescriptive about what factors need to be taken into account and what steps clinicians would have to take when considering capacity in this context, as well as to inform consent …”

“Q In terms of setting standards and ensuring universality of understanding those safeguards, is that better done, in your view, by training and guidance rather than primary legislation setting up factors? Professor Whitty: I would certainly recommend that this is done by guidance or in secondary legislation, which can …”