Mental Capacity (Amendment) Bill [HL] — Commons Amendments — Amendment to the Motion — 26 Feb 2019 at 16:00
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.
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.| Party | Majority (Content) | Minority (Not-Content) | Turnout |
| Bishop | 1 | 0 | 3.8% |
| Con | 0 | 179 (+2 tell) | 71.3% |
| Crossbench | 27 | 31 | 33.7% |
| DUP | 0 | 4 | 100.0% |
| Green | 1 | 0 | 100.0% |
| Independent Labour | 1 | 0 | 50.0% |
| Independent Ulster Unionist | 0 | 1 | 100.0% |
| Judge | 0 | 3 | 21.4% |
| Lab | 124 | 0 | 64.2% |
| LDem | 69 (+2 tell) | 0 | 74.0% |
| Non-affiliated | 6 | 2 | 22.2% |
| PC | 1 | 0 | 100.0% |
| UUP | 0 | 1 | 50.0% |
| Total: | 230 | 221 | 56.7% |
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
| Name | Party | Vote |
| Lord Alton of Liverpool | Crossbench | aye |
| Baroness Boothroyd | Crossbench | aye |
| Baroness Boycott | Crossbench | aye |
| Lord Cameron of Dillington | Crossbench (front bench) | aye |
| The Earl of Clancarty | Crossbench | aye |
| Baroness Coussins | Crossbench (front bench) | aye |
| Lord Dannatt | Crossbench (front bench) | aye |
| Baroness Deech | Crossbench | aye |
| Lord Dykes | Crossbench (front bench) | aye |
| Baroness Emerton | Crossbench | aye |
| Viscount Falkland | Crossbench (front bench) | aye |
| Lord Fellowes | Crossbench (front bench) | aye |
| Baroness Finlay of Llandaff | Crossbench (front bench) | aye |
| Baroness Greengross | Crossbench (front bench) | aye |
| Lord Harries of Pentregarth | Crossbench | aye |
| Baroness Hayman | Crossbench | aye |
| Lord Hennessy of Nympsfield | Crossbench | aye |
| Lord Kerr of Kinlochard | Crossbench (front bench) | aye |
| Baroness Kidron | Crossbench (front bench) | aye |
| The Earl of Kinnoull | Crossbench (front bench) | aye |
| Lord Low of Dalston | Crossbench (front bench) | aye |
| Baroness Meacher | Crossbench (front bench) | aye |
| Lord Russell of Liverpool | Crossbench (front bench) | aye |
| Lord Singh of Wimbledon | Crossbench | aye |
| Lord Stevens of Kirkwhelpington | Crossbench | aye |
| Lord Trevethin and Oaksey | Crossbench | aye |
| Baroness Watkins of Tavistock | Crossbench (front bench) | aye |
| Lord Gadhia | Non-affiliated | no |
| Baroness Stowell of Beeston | Non-affiliated (front bench) | no |