Monday, February 26, 2007

Not Waving But Drowning...

...This just in from Bro. George, toiling as he ever does to keep afloat on the never-diminishing flood of command and control that our country's Great Leaders persist in swamping the weary, dazed, half-drowned world of public services with.

For it seems that some two years ago we - this great nation - were singularly blessed by the passing of an Act of Parliament, namely the 'Mental Capacity Act 2005'. (Have to say the whole thing passed my by; no doubt a terrible failing of my own cerebral capacity. H, though, similarly had not heard of it which was reassuring - not as in H must be gaga too, but rather as in had the thing been of note she would have noted the thing.)

The Act is - we are reliably informed by Bro. George - pretty momentous stuff with the potential to affect any poor sap whose marbles begin to drop out of the bag at some point. The whole motley crew then it must be owned, at some point.

It has taken a whole seventeen years from first report to final act - a measure indeed of the complexity of the matters under consideration. All of course dealt with happily by common and case law until now, but you know these New Labour bods - never more sunny than when passing an Act of Parliament to prescribe ever more closely how our lives are to be lived. Bless 'em. (Or hang 'em if you'd prefer. You won't find this meek parson complaining.)

At best the new statute might serve to protect such as lose the capacity to protest "Hang on a minute there, that's not what I want to happen in the slightest thank you very much." (A useful attribute you'll agree should any sawbones be thinking of hacking off a limb and shilly-shallying as to whether he might or he might not.)

At worst though it could give 'them' - including said sawbones - wide and near uninhibited licence to do what they please with us, in what is very loosely defined as our 'best interests'.

You'll not be entirely surprised to learn that both Bro. George and I sit on the more gloomy end of the line of thought. If a power exists it is used. And if a power is used it is inevitably at some point, by at least some coves, misused.

Be that as it may, and setting aside Orwellian fears that we could all be banged up for wrong thinking, he and I are loadly chuckling not moaning this evening.

And why so indeed?

For the very and single fact that, to accompany this Act - a nautical chart to plot the way through these deep waters - the beloved Dept. of Constitutional Affairs has produced a necessary and fulsome 'Code of Practice'.

That is amusing, you reasonably ask. Well no, not as such. What though has loosed the jowls of mirth is that when the Dept of Con. Aff. produced a draft version last year, a universal response was along the lines of "Great stuff chaps. Darn good page-turner and all that. But a bit on the long side at over 180 pages, what?"

Never one to cop a deaf 'un, the Con. Aff. folk agreed to go away and have another go. Which of course dutifully they have done. Trouble is, whilst they were engaged in a pruning exercise, along came another bunch of folk (many of whom would also have been found protesting the length of the thing) with scores, nay volumes of comment, concern, correction, debate and discussion - all being worthy of consideration by the Con. Aff. mob. "What about this case - you've not dealt with it properly," they were told. Or much "You've mentioned this, but not said how it relates to that." Or plenty of "This is frankly crazy. You must do better!"

Poor Con. Aff. boys and girls probably wished they'd never signed up for the task in the first place. But battle on they did, scribble away they have, until finally this week it is announced that the 184 page draft Code of Practice has been swept away with the tide to be replaced by the wonderful new, final Code.........THREE HUNDRED AND TWO pages long! (It weighs in - literally - at three and a half pounds, for those who prefer their numbers by mass.)

You have to sob with merriment. Truly you do. Especially if like Bro. George it's your paid occupation to read, understand and communicate the thing to the breath-bated waiting horde of health and social care professionals, who are now duty bound by law to put the 'practice' into the Code of P.

Oh and by the way, don't think you lot are exempt because your profession is other. This is Statute Law baby - it applies to every person in the land. So get reading!

PS - And why the two long years between passing and enacting the law?

Because - they said - it is so vast, so complex and so profound we needed two years preparation in order to have everything ready to go with one Big Bang in April this year.

Well, that's what they said in November last year. Only, in December they then quietly announced that they wouldn't be ready in time, so would we all mind very much if some of it came into effect in April and the rest in October? (The smart money is on a further six month's delay to be announced in July.)

Laugh? Why of course. What else is a man to do?







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