Mental Capacity (Amendment) Bill [HL] — Commons Amendments — 26 Feb 2019 at 16:00

Moved by Baroness Blackwood of North Oxford

1: Before Clause 1, insert the following new Clause-“Meaning of deprivation of liberty (1) After section 4 of the Mental Capacity Act 2005 insert-“4ZA Meaning of deprivation of liberty(1) In this Act, references to deprivation of a person’s liberty have the same meaning as in Article 5(1) of the Human Rights Convention and, accordingly, a person is not deprived of liberty in any of the circumstances described in subsections (2) to (4).(2) A person is not deprived of liberty in a particular place if the person is free to leave that place permanently.(3) A person is not deprived of liberty in a particular place if-(a) the person is not subject to continuous supervision, and(b) the person is free to leave the place temporarily (even if subject to supervision while outside that place). (4) A person is not deprived of liberty if-(a) the arrangements alleged to give rise to the deprivation of liberty are put in place in order to give medical treatment for a physical illness or injury, and(b) the same (or materially the same) arrangements would be put in place for any person receiving that treatment. (5) A person is free to leave a particular place for the purposes of subsections (2) and (3) even if the person is unable to leave that place provided that if the person expressed a wish to leave the person would be enabled to do so.” (2) In section 64(5) of that Act (interpretation) for the words from “same” to the end substitute “meaning given by section 4ZA.””

Moved by Baroness Tyler of Enfield

1B: Before Clause 1, insert the following new Clause-“Meaning of deprivation of liberty(1) After section 4 of the Mental Capacity Act 2005 insert-“4ZA Meaning of deprivation of liberty (1) A person is deprived of liberty if the circumstances described in subsection (2) apply to them.(2) A person is deprived of liberty if they-(a) are subject to confinement in a particular place for more than a negligible period of time; and(b) have not given valid consent to their confinement; and(c) the arrangements are due to an action of a person or body responsible to the state.(3) For the purpose of subsection (2)(a), a person is subject to confinement where they-(a) are prevented from removing themselves permanently from the place in which they are required to reside, in order to live where and with whom they choose; and(b) are subject to continuous supervision and control.”(2) In section 64(5) of that Act (interpretation) for the words from “same” to the end substitute “meaning given by section 4ZA.””

Ayes 232, Noes 223.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop1 03.6%
Con0 181 (+2 tell)64.4%
Crossbench26 2928.2%
DUP0 480.0%
Green1 0100.0%
Independent Liberal Democrat1 0100.0%
Independent Ulster Unionist0 1100.0%
Judge0 320.0%
Lab125 056.3%
LDem70 (+2 tell) 167.6%
Non-affiliated5 120.0%
PC1 050.0%
UUP0 150.0%
Total:230 22150.9%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Alton of LiverpoolCrossbenchaye
Baroness Boothroyd Crossbenchaye
Baroness Boycott Crossbenchaye
Lord Cameron of DillingtonCrossbench (front bench)aye
The Earl of ClancartyCrossbenchaye
Baroness Coussins Crossbench (front bench)aye
Lord Dannatt Crossbench (front bench)aye
Baroness Deech Crossbenchaye
Baroness Emerton Crossbenchaye
Viscount Falkland Crossbench (front bench)aye
Lord Fellowes Crossbench (front bench)aye
Baroness Finlay of LlandaffCrossbench (front bench)aye
Baroness Greengross Crossbench (front bench)aye
Lord Harries of PentregarthCrossbenchaye
Baroness Hayman Crossbenchaye
Lord Hennessy of NympsfieldCrossbenchaye
Lord Kerr of KinlochardCrossbench (front bench)aye
Baroness Kidron Crossbench (front bench)aye
The Earl of KinnoullCrossbench (front bench)aye
Lord Low of DalstonCrossbench (front bench)aye
Baroness Meacher Crossbench (front bench)aye
Lord Russell of LiverpoolCrossbench (front bench)aye
Lord Singh of WimbledonCrossbenchaye
Lord Stevens of KirkwhelpingtonCrossbenchaye
Lord Trevethin and Oaksey Crossbenchaye
Baroness Watkins of TavistockCrossbench (front bench)aye
Lord Loomba LDemno
Baroness D'Souza Non-affiliatedno

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