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27 J. Soc. Welfare & Fam. L. iii (2005)

handle is hein.journals/jnlosclwl27 and id is 1 raw text is: Journal of Social Welfare and Family Law Vol. 27, No. 1, March 2005, pp. iii-iv Editorial As this issue of the journal goes to press, the UK has entered a General Election campaign. The Labour government that has been in power since 1997 is seeking an unprecedented third term. With the result as yet unknown, it would be a hostage to fortune to speculate on its implications for social welfare and family law in the next few years. However, it is worth noting the more immediate impact of the election on some areas of prospective legislation that will be of relevance to our readers. The clearing of the parliamentary agenda before an election, providing a clean slate for a new government, has serious consequences - fortunate or unfortunate, depending on one's point of view - for such prospective legislation. After the election was called, in early April, frantic negotiations between the main political parties took place, deciding on which pieces of outstanding business would survive the cull before Parliament was dissolved. A number of Bills were lost, including the Identity Cards Bill and the Equality Bill (which would have merged existing equality Commissions into a single equality and human rights body). The government has already promised to reintroduce the Identity Cards Bill, if re-elected. The most significant survivor of the cull, of particular relevance to our readers (especially in light of our Special Issue on the subject; vol. 25(4)), is the Mental Capacity Bill. This is now the Mental Capacity Act 2005. This Act, covering England and Wales, provides a statutory framework for adults who cannot make their own decisions due to learning disabilities or mental health problems. The finished Act has a number of key features, such as a 'best interests' checklist, for those acting on behalf of others, and the creation of Independent Mental Capacity Advocates, to support and represent those with no other person to speak for them at key decision-points. One of the more controversial features of the Act is the capacity to make 'living wills', in advance of treatment when incapacitated. The House of Lords agreed to overide their objections to this measure, in order to ensure that the whole Act was not lost. The Act also includes a new criminal offence of ill treatment or neglect of a person who lacks capacity. Finally, the Act creates two new public bodies: 1) A Court of Protection, with special procedures and judges, 2) A Public Guardian (taking over from the current Public Guardianship Office). One role for the Public Guardian will be as the registering office for lasting powers of attorney. Further details on how the Act will be implemented will emerge after the election. Our first paper in this issue of the journal reflects another topical issue for the outgoing UK government, who have been bedevilled in recent years by the publicity tactics of 'Fathers 4 Justice'. Such activities have highlighted the subject of contact rights for non- resident parents; usually, of course, fathers. In Sandra Kielty's article, she examines the atypical position of mothers who are non-resident parents. Whilst she focuses on the perceptions of those mothers rather than on legislative issues, the relevance of her work lies in its focus on how those perceptions both challenge and reinforce gender stereotypes. Since growing numbers of mothers are finding themselves in this position, it is clearly important that their perspectives, as well as those of non-resident fathers, contribute to debates about contact and appropriate care arrangements. ISSN 0964-9069 print/1469-9621 online © 2005 Taylor & Francis Group Ltd DOI: 10.1080/09649060500109683

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