Group 15. Young persons lacking capacity (Amendment 67)

Part of the debate – in the Senedd at 7:02 pm on 21 November 2017.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 7:02, 21 November 2017

Thank you, Presiding Officer. As you say, this is the last group of amendments and the last amendment that we will discuss this afternoon. I'd like to take this opportunity to thank both Darren Millar and Llyr Gruffydd for their contribution to the debate this afternoon. I think we've been able to make real progress and have added value to the legislation by the engagement that we've had across the Chamber.

I would ask Members to support amendment 67. Its purpose is to put it beyond doubt that the regulations that must be made in respect of young people who lack capacity may include reference to a young person’s parent or the representative of the parent. It would allow the regulations to provide for the involvement of parents of young people and their representatives in an appropriate way. 

This would enable the regulations to reflect recent and evolving case law in respect of parental involvement where young people of 16 or 17 lack capacity, including a very, very recent decision at the Court of Appeal, which has led the tabling of this amendment to sit outside the normal processes. But, given the decision by the Court of Appeal, it was necessary to act accordingly, and I hope Members will support the amendment.