Member

On that point, the noble Lord, Lord Harper, raised a question about the Mental Health Act. Following on from what I just said, I emphasise that, under that Act, capacity is decision specific. To put it in a way I think is clearest, a person may lack capacity to make one decision but still have the capacity to make another. For me, the main thing in respect of the noble Lord’s question is that the Act does not make global judgments—it requires capacity to be assessed in relation to particular decisions rather than with reference to any scale in respect of condition. I hope I am not taking the noble Lord’s words inappropriately.