Ms Ber Grogan:

I want to come in on the point on the Assisted Decision-Making (Capacity) Act 2015. Deputy Ward is gone and the committee is working on the report but members should be aware that the assisted decision-making (capacity) (amendment) Bill 2021 excludes people who are involuntarily detained under Part 4 of the Mental Health Act 2001 and those who are involuntarily detained under the Criminal Law (Insanity) Act 2006. It is a lacuna we have been highlighting since we got our human rights analysis last October. We have sent it into the Joint Committee on Children, Equality, Disability, Integration and Youth. The officials working on the amendment Bill would like sections 136 and 85(7) of the Assisted Decision-Making (Capacity) Act 2015 to be amended in that Bill. We have been speaking to those people but we are afraid that people who are involuntarily detained will fall through the gaps with the way things stand.