NOTICES OF AMENDMENTS
given up to and including
Wednesday 12th April 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
MEDICAL TREATMENT (PREVENTION OF EUTHANASIA) BILL, AS AMENDED
NEW CLAUSES
Advance declaration
Mr Piara S. Khabra
Mr David Rendel
Mr John Healey
NC1
To move the following Clause:—
'The provisions of section 1 shall not apply where the patient has previously signed a document requesting such withdrawal or withholding or has made an oral declaration to the same effect.'.
Withdrawal of basic care
Dr Peter Brand
NC2
To move the following Clause:—
'.—( ) Notwithstanding the provisions of section 1, no person responsible for the care of a patient shall withdraw the offer of appropriate basic care.'.
Forced treatment
Mr Andrew Dismore
Mr David Rendel
NC3
To move the following Clause:—
'.—Nothing in this Act shall compel a patient of full legal capacity to undergo medical treatment or receive sustenance against his wishes.'.
Minors
Dr Alan Whitehead
Mr David Rendel
NC4
To move the following Clause:—
'.—(1) In the event that the patient is a minor, it shall be a defence to a prosecution under this Act for the defendant to show that he acted or omitted to act in accordance with the wishes of the persons with parental responsibility.
(2) Nothing in this section shall affect the courts' inherent jurisdiction or jurisdiction under the Children Act 1989.'.
Defence of treatment making no significant difference
Mr John Healey
Mr Joe Ashton
NC5
To move the following Clause:—
'.—It shall be a defence to a prosecution under this Act to show that the medical treatment would not make any significant difference to the condition or life expectancy of the patient.'.
Defence of acting in patient's best interests
Mr John Austin
Mr David Rendel
Mr Joe Ashton
NC6
To move the following Clause:—
'.—It shall be a defence to a prosecution under this Act for the defendant to show he was acting in the best interests of the patient having regard to the patient's medical condition, future prognosis, moral values, religious or cultural beliefs, aims and purpose in life and wishes as to the degree and type of treatment the patient wishes to receive.'.
Increased suffering of the patient
Dr Alan Whitehead
Mr David Rendel
Mr Joe Ashton
NC7
To move the following Clause:—
'It shall be a defence to a prosecution under this Act for the defendant to show that in his clinical judgement the suffering of the patient would have been substantially increased if he had not acted or omitted to act in breach of section 1.'.
Ill-treatment or neglect of patient
Mr Kevin Barron
NC8
To move the following Clause:—
'—(1) It is an offence for any person to whom this section applies to ill-treat or wilfully neglect a patient in relation to whom he is responsible for care.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.'.
The Attorney General's consent
Mr Andrew Miller
Mr Joe Ashton
NC9
To move the following Clause:—
'The Attorney General must give approval to any prosecution under this Act and he will only do so after consulting the General Medical Council and the British Medical Association Ethics Committee regarding the clinical facts relating to the case.'.
Consent of the Director of Public Prosecutions
Mr Andrew Dismore
Mr Joe Ashton
NC10
To move the following Clause:—
'No prosecution under this Act shall be brought without the prior consent of the Director of Public Prosecution.'.
The Attorney General's consent (No. 2)
Mr Neil Gerrard
NC11
To move the following Clause:—
'.—No prosecution shall be instituted under the Act without the consent of the Attorney General.'.
Return to General Medical Council
Dr Howard Stoate
Mr Joe Ashton
NC12
To move the following Clause:—
'.—As an alternative to a prosecution or indictment under this Act, the Attorney General may refer the case for adjudication to the General Medical Council.'.
Liability
Dr Alan Whitehead
NC13
To move the following Clause:—
'.—This Act shall give rise to liability in tort only.'.
Penalties on conviction
Mr John Austin
Mr Joe Ashton
NC14
To move the following Clause:—
'.—In the event of a successful prosecution under this Act, the Court shall not impose a term of imprisonment.'.
Trials
Mr John Healey
NC15
To move the following Clause:—
'.—Any trial under this Act shall be only on indictment in the Crown Court.'.
Penalties on conviction (No. 2)
Dr Alan Whitehead
Mr Joe Ashton
NC16
To move the following Clause:—
'.—Persons convicted under this Act shall be liable for the penalties for manslaughter that are in force at the time of the conviction.'.
Restriction on publicity for proceedings
Mr Andrew Dismore
Mr Joe Ashton
NC17
To move the following Clause:—
'.—(1) No person shall publish any material which is intended or likely to identify—
(a) any patient in respect of whom proceedings are brought under this Act;
(b) any defendent or witness in proceedings under this Act
until the conclusion of those proceedings and then with the consent of the Court.
(2) In any proceedings for an offence under this section it is a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended or likely to identify the person concerned.
(3) In this section "publish" includes broadcast by radio, television or cable television and cause to be published and "material" includes any picture or representation.
(4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.'.
Advance refusal of treatment
Mr Joe Ashton
Mr David Rendel
NC18
To move the following Clause:—
'(1) In this Act an "advance refusal of treatment" means a refusal by a person who has attained the age of eighteen and has the necessary capacity of any medical, surgical or dental treatment or other procedure, being a refusal intended to have effect at any subsequent time when he may be without capacity to give or refuse his consent.
(2) Section 1 above does not authorise any such treatment or procedure as is mentioned in subsection (1) above if an advance refusal of treatment by the person concerned applies to that treatment or procedure in the circumstances of the case.
(3) In the absence of any indication to the contrary, it shall be presumed that an advance refusal of treatment does not apply in circumstances where those having the care of the person who made it consider that the refusal—
(a) endangers that person's life; or
(b) if that person is a woman who is pregnant, the life of the foetus.
(4) No person shall incur any liability—
(a) for the consequences of withholding any treatment or procedure if he has reasonable grounds for believing that an advance refusal of treatment by the person concerned applies to that treatment or procedure; or
(b) for carrying out any treatment or procedure to which an advance refusal of treatment by the person concerned applies unless he knows, or has reasonable grounds for believing, that an advance refusal of treatment by the person concerned applies to the treatment or procedure.
(5) Without prejudice to any other method of expressing an advance refusal of treatment, such a refusal may take the form of an instrument in writing; and, in the absence of any indication to the contrary, it shall be presumed that an advance refusal of treatment was validly made if it takes the form of an instrument in writing which is signed by the person by whom it is made and by at least one other person as a witness to his signature.
(6) An advance refusal of treatment may at any time be withdrawn or altered by the person who made it if he then has the capacity to do so.
(7) Nothwithstanding the foregoing provisions, an advance refusal of treatment shall not preclude—
(a) the provision for the person who made it of basic care; or
(b) the taking of any action necessary to prevent his death or a serious deterioration in his condition pending a decision of the court on the validity or applicability of an advance refusal of treatment or on the question whether it has been withdrawn or altered.
(8) In subsection (7)(a) above "basic care" means care to maintain bodily cleanliness and to alleviate severe pain and the provision of direct oral nutrition and hydration.
