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Forum Brief: Draft Mental Incapacity Bill

The government has been told to work faster towards protecting the rights of incapacitated people.

A joint parliamentary committee told ministers to speed up the progress of its draft Mental Incapacity Bill.

A spokesman for the DCA told ePolitix.com: "The Department for Constitutional Affairs welcomes the report from the pre-legislative scrutiny committee on the draft mental incapacity bill. It is proof of the value of examining proposals for legislation at an early stage.

"We will examine the committee's recommendations very carefully.

"The draft bill's starting point is that everyone should be allowed to make decisions for themselves. But if someone is not able to take a decision then the bill creates a new statutory approach to decision taking on their behalf.

"The bill aims to protect people who lack or may lack capacity, where they cannot take a decision alone or with support, to ensure that they are involved and included in the decision making process."

Forum Response: Depression Alliance

Jim Thomson, chief executive of Depression Alliance, told ePolitix.com: "Depression Alliance welcomes the draft Mental Incapacity Bill in principle, but our concern is that it will not apply to those affected by mental illness.

"We call for ministers to confirm whether the inconsistencies between the current mental health, and proposed mental incapacity legislation will be corrected.

"Of most importance is that the definition of mental incapacity in the draft Bill should be included in the definition for 'mental disorder' in any future Mental Health Bill."

Forum Response: SANE

Margaret Edwards, head of strategy at mental health charity SANE, told ePolitix.com: "SANE has campaigned for people with mental illness to have their wishes about treatment taken into account when they lack capacity, and for families and carers to be given rights to match their responsibilities.

"The proposed legislation provides clarity, reassurance and the chance of real improvements in people's lives.

"We support the Joint Committee in urging the government to bring a bill forward as soon as possible."

Published: Fri, 28 Nov 2003 01:00:00 GMT+00