HC Deb 12 May 2004 vol 421 cc382-3W
Dr. Iddon

To ask the Parliamentary Secretary, Department for Constitutional Affairs what assessment he has made of the implications of the judgement given in the European Court of Human Rights on 9 March in the Glassv. the UK case for the draft Mental Incapacity Bill. [172448]

Mr. Lammy

The Glassv.s. UK case relates to a child, whereas the draft Mental Incapacity Bill does not apply to persons under the age of 16.

However, the draft Mental Incapacity Bill proposes a statutory framework for decision-making on behalf of adults without capacity. The draft Bill stresses the importance of consultation with those engaged in caring for the person before making a decision. This would ensure that all professionals involved in making such decisions are aware of their roles and responsibilities. The Bill also proposes to introduce a new specialist and accessible Court of Protection, which would help to resolve such disputes when they arise in relation to adults without capacity.