§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Lord Filkin)The Government have today published their response to the Joint Committee on the Draft Mental Incapacity Bill report which was published on 17 November 2003 (HL189–1 and HC 1083–1). Copies of the response have been placed in the Libraries of both Houses (Command Paper 6121).
The Government would like to thank the committee for publishing such a comprehensive report in a short period of time, and obtaining such a wide range of evidence on the Bill. We are pleased that the committee agrees this new statutory framework is needed and that it endorses the principles and general direction of the draft Bill.
The committee suggested that the Bill. being about how to maximise mental capacity, should be renamed the Mental Capacity Bill and we agree with this recommendation.
The Bill will reform the law in order to improve and clarify the decision-making process for those aged 16 and over who are unable to make decisions for themselves. It will also offer, to people who have capacity, the choice to decide how they are cared for in the future by introducing new ways to plan ahead for a time when they might lose capacity.
Over 2 million adults in England and Wales are currently affected by a lack of capacity. Many more care for someone who may need help with decision-making. With increasing ageing most of us will face the risk of losing mental capacity at some point in our lives. The Bill therefore has the potential to help a high proportion of the population.
The Department for Constitutional Affairs is working closely with the Department of Health on a revised Bill. We plan to introduce the revised Bill later in this parliamentary Session. We will also have a draft outline of the codes of practice for Parliament to see at Committee stage.