Research Papers

Synopsis: Below you will find a list of research papers published by the Ad Hoc Joint Committee to Consider the Mental Capacity Bill.

No. Title Date
 130/15 The Convention on the International Protection of Adults and the Mental Capacity Bill
This Briefing Paper summarises the content and background to the Convention on the International Protection of Adults 2000 and discusses the relevance of the Convention to the Mental Capacity Bill.
 24.11.15
122/15 Mental Capacity Bill: A disregard provision for “treatment”?
In the Mental Capacity Bill consultation document, the Department of Health, Social Services and Public Safety (DHSSPS) proposed that it would consider extending the disregard provision in Article 10 of the Mental Health (NI) Order (MHO) to include ‘detention for treatment’ for children under 16.  Yet when the Mental Capacity Bill was published, no extension to disregard ‘treatment’ was included under Schedule 8.  This paper explores this complex issue and reflects on a number of stakeholder views.
09.11.15
118/15 Advance Decisions: Mental Capacity Bill
This paper focuses on advance decisions to refuse treatment (ADRTs), and their legal status across the UK and ADRTs and their interaction with and impact on a number of clauses of the Mental Capacity (NI) Bill.
03.11.15
111/15 The Mental Capacity Bill and Human Rights
This paper briefly summarises the key human rights issues that have been raised in relation to the Mental Capacity Bill 2015. The paper primarily draws on evidence submitted to the Ad Hoc Joint Committee to Consider the Mental Capacity Bill.
16.10.15
96/15 Mental Capacity Bill: Deprivation of Liberty Safeguards
This briefing paper examines the definition of ‘deprivation of
liberty’ and how it is being shaped by case law; looks at the operation of
deprivation of liberty safeguards within the Mental Capacity Act 2005 in England and Wales and some difficulties that have been encountered; and summarises the proposals in the draft Mental Capacity Bill dealing with deprivation of liberty safeguards and how they might operate in practice.
22.09.15
95/15

Mental Capacity Bill: DoJ’s Recurring Costs (Paper 5 of 5) 
To facilitate Assembly consideration of the costs arising from the Mental Capacity Bill, this Briefing Paper is the fifth in a five-part series produced by RaISe’s Public Finance Scrutiny Unit (PFSU). The Paper examines the estimates that the Department of Justice (DoJ) produced for its ongoing or ‘recurring’ costs under the Bill.

 20.10.15
94/15

Mental Capacity Bill: DHSSPS’s Recurring Costs (Paper 4 of 5) 
To facilitate Assembly consideration of the costs arising from the Mental Capacity Bill, this Briefing Paper is the fourth in a five-part series produced by RaISe’s Public Finance Scrutiny Unit (PFSU). The Paper examines the estimates that the Department of Health Social Services and Public Safety (DHSSPS) produced for its ongoing or ‘recurring’ costs under the Bill.

 22.09.15
93/15 Mental Capacity Bill: Deprivation of Liberty Assessment Costs (Paper 3 of 5) To facilitate Assembly consideration of the costs arising from the Mental Capacity Bill (the Bill), this Briefing Paper is the third in a five-part series produced by RaISe’s Public Finance Scrutiny Unit (PFSU). It examines costs that the Department of Health Social Services and
Public Safety estimates for the ‘Deprivation of Liberty’ assessments proposed under the Bill.
 21.09.15
92/15 Mental Capacity Bill:Training Costs (Paper 2 of 5)
On 8 June 2015 the Mental Capacity Bill (the Bill) was introduced in the Assembly.  To facilitate Assembly consideration of the costs arising from the Bill, this Briefing Paper is the second in a five-part series produced by RaISe’s Public Finance Scrutiny Unit (PFSU).  The Paper examines the costs that the Department of Health Social Services and Public Safety (DHSSPS) and the Department of Justice (DoJ) have estimated for staff training relating to the Bill.
21.09.15
91/15 Mental Capacity Bill: Assessing the Costs (Paper 1 of 5)
On 8 June 2015 the Mental Capacity Bill (the Bill) was introduced in the Assembly.  To facilitate Assembly consideration of the costs arising from the Bill, this Briefing Paper is the first in a five-part series produced by RaISe’s Public Finance Scrutiny Unit (PFSU).  The Paper provides a framework to orientate financial scrutiny of the Bill.
21.09.15
63/15 Draft Mental Capacity Bill: Principles Framework
In anticipation of the introduction to the Assembly of a Mental Capacity Bill, this paper provides background to the development of the core principles framework which underpin the legislative provisions contained within the draft Bill which was published for consultation in 2014. The paper includes an overview of the range of consultation responses which addressed the principles framework contained in Part 1 of the draft Bill.
04.06.15
146/12

The Mental Capacity Bill and Children under 16
The paper is in response to a research request from the Committee for Health, Social Services and Public Safety in relation to the key issues and stakeholder perspectives on the proposed Mental Capacity (Health, Welfare and Finance) Bill and children under 16 years of age.

05.10.12

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