The Capacity Bill, which sees adults who can’t communicate decisions or are unable to make decisions for themselves given safeguarding legislation, has had its second reading in the House of Keys.

Currently, there is no legal framework in the island for these adults.

Health Minister Lawrie Hooper put forward the Bill because he felt there was a ‘lack of legislation in this area’ that ‘not only puts the Isle of Man behind other jurisdictions’ but relies on the principles of ‘best practice and necessity’.

‘It leaves the island open to legal action and, fundamentally, it fails to protect the people who are the most vulnerable,’ he said.

‘It is essential, therefore, that the provision of services for people without capacity are underpinned with a modern and clear legal framework which safeguards their rights, dignities, freedoms and wellbeing.’

The Department of Health and Social Care has been planning to introduce this capacity legislation for a number of years, as the minister called it ‘long overdue’.

Mr Hooper added: ‘In its simplest form, the Bill places the people who are unable to make decisions for themselves at the centre of every decision-making process, placing the best interests of that person at the forefront of every decision that is taken by any person, whether informally or professionally.’

It does this by setting out overarching principles which will apply to any decision taken under the Bill, including a person must be assumed to have capacity unless it is established that they lack capacity, assumptions should not be made about a person’s capacity based upon their age, appearance, condition or behaviour, a person is not to be treated as unable to make a decision unless all practicable steps to help them to do so are taken without success, and a person is not to be treated as unable to make a decision merely because they make an unwise decision.

The Bill also introduces statutes, such as the definition of what is meant by ‘lack of capacity’ and a ‘best interests’ test for all actions to encourage the person the decision applies to to participate as fully as possible in the decision making process.

As well as these, it will introduce a new form of statutory power of attorney, referred to as a ‘lasting power of attorney’, replacing the existing framework so it extends to health matters. It will also widen the power of courts, giving a power to permit the making of declarations as to whether a person has capacity or not.