My Lords, I thank the noble Baroness, Lady Bull, and the noble and learned Lord, Lord Hope of Craighead, for the clear way in which they introduced the Bill and for signalling their intention not to push this amendment to a vote.
When we discussed this matter at an earlier stage of the proceedings, I explained that I am one of a number of Peers who has taken part every time we have discussed mental capacity legislation since its pre-legislative state in 2004. I remain concerned that mental capacity legislation is not widely understood or implemented in a variety of professions—even in the medical profession, where one might think that it would be. Given the incidence of mental illness in the prison population, one would think that such legislation is widely understood by practitioners. When we carried out the review of the Mental Capacity Act, that turned out not to be so.
I do not doubt that the Parole Board should be as free as possible to exercise judgment. It is not for those of us outside who do not have access to all the facts of a particular case to second-guess it. My questions during earlier stages of the Bill were about the training of professionals in the criminal justice system, particularly the Parole Board, and the reliance on Mental Capacity Act advisers, Mental Health Act advisers and so on. I have not had answers to those questions; therefore, like the noble Baroness, Lady Bull, I remain concerned that there is a gap in the legislation.
Like others who have spoken to Mrs McCourt, I really want this legislation to work and I do not wish to see gaps through which people who have the capacity and have information but are withholding it can slip. The noble Baroness, Lady Bull, made a valid point. I understand that the noble and learned Lord, Lord Keen, will resist putting these words in the Bill, but can he tell us what regulations and guidance will arise as a result of our discussion?