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Mental Capacity

EDM number 137 in 2003-04, proposed by Paul Burstow on 26/11/2003.

That this House regrets the omission of legislation on adult incapacity from the Government's programme for the current session; notes that there is no statutory definition of incapacity and no uniform legal test regarding the factors to be considered in determining a person's best interest and that there are insufficient regulations to prevent abuse of powers of attorney; believes that any failure to discharge assumed responsibilities for incapacitated adults should automatically trigger investigation by social service departments or in some cases be liable for criminal prosecution; further notes that there is an inadequate, and in some cases non-existent, legal framework for independent advocacy, both to articulate the most intimate needs of vulnerable people in relation to health, social care, benefits or other welfare provision and for carers to be involved in decisions or the process of challenging decisions where disputes arise; notes, given the inadequacy of existing legislation to protect the most vulnerable adults in our society, the need for comprehensive law reform in the field of mental capacity and for any new legislation to be linked directly to reform of the Mental Health Act 1983; and calls on the Government to confirm its intention to bring forward legislation during this current session.

This motion has been signed by a total of 23 MPs.

MPDateConstituencyPartyType
Paul Burstow26/11/2003Sutton & CheamLiberal DemocratProposed
Bob Russell27/11/2003ColchesterLiberal DemocratSigned
Adrian Sanders27/11/2003TorbayLiberal DemocratSigned
Paul Holmes27/11/2003ChesterfieldLiberal DemocratSigned
Tom Brake27/11/2003Carshalton & WallingtonLiberal DemocratSigned
Colin Breed27/11/2003South East CornwallLiberal DemocratSigned
Paul Tyler27/11/2003North CornwallLiberal DemocratSigned
Lynne Jones02/12/2003Birmingham, Selly OakLabourSigned
Andrew George02/12/2003St IvesLiberal DemocratSigned
Mike Hancock03/12/2003Portsmouth SouthLiberal DemocratSigned
Jenny Tonge03/12/2003Richmond ParkLiberal DemocratSigned
Bob Spink04/12/2003Castle PointConservativeSigned
John Barrett04/12/2003Edinburgh WestLiberal DemocratSigned
Matthew Green04/12/2003LudlowLiberal DemocratSigned
Edward Davey04/12/2003Kingston & SurbitonLiberal DemocratSigned
Brian Cotter04/12/2003Weston-Super-MareLiberal DemocratSigned
Nigel Jones08/12/2003CheltenhamLiberal DemocratSigned
Annette Brooke11/12/2003Mid Dorset & North PooleLiberal DemocratSigned
Hywel Williams15/12/2003CaernarfonPlaid CymruSigned
Paul Marsden16/12/2003Shrewsbury & AtchamLiberal DemocratSigned
Richard Younger-Ross17/12/2003TeignbridgeLiberal DemocratSigned
Alan Simpson18/12/2003Nottingham SouthLabourSigned
Andrew Stunell12/02/2004Hazel GroveLiberal DemocratSigned

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