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Mental Health Bill [HL]

In the context of this amendment, we are talking about a situation where if the test the noble Earl wishes to see placed on the statute book has to be undertaken—we are not talking about capacity here, but about a lower test—there can be instances where some people would not be allowed to be treated, and there could be serious risk of harm to them and, potentially, to members of the public. This has been a splendid debate. I hope that at the very least I have explained the Government’s thinking. I hope the noble Earl, on reflection and on hearing the Government’s thinking, will consider his position.