Vote Bundle Text (900505-03)

Amendments proposed to the Medical Treatment (prevention of Euthanasia) Bill, As Amended - continued	House of Commons

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Offence by registered medical practitioner

Ms Karen Buck

NC40

To move the following Clause:—

'Upon passing sentence upon a defendant convicted under section 1, if that defendant is a registered medical practitioner the judge shall order that the defendant shall be struck off the register.'.

Related offences

Mr Keith Darvill

NC41

To move the following Clause:—

'No person shall be convicted of attempting, inciting aiding and abetting another, or conspiring to commit an offence contrary to section 1 of this Act.'.

Interpretation of terms by judge

Dr Alan Whitehead

NC42

To move the following Clause:—

'The interpretation of "purpose" and "hasten" in section 1 shall be a point of law for the trial judge.'.

Guidance by Court of Appeal

Dr Howard Stoate

NC43

To move the following Clause:—

'Upon this Act coming into force the Court of Appeal shall within three months issue guidance upon the interpretation of "purpose" and "hasten" in section 1; and no prosecution shall be commenced under this Act until such guidance has been given.'.

Hastening of death

Dr Howard Stoate

NC44

To move the following Clause:—

'When passing sentence in a case where the patient's death was hastened, the judge shall take into account the period of time by which the death was hastened.'.

Dr Evan Harris
Dr Jenny Tonge
Dr Peter Brand

Page 1, line 5, leave out Clause 1.

Mr Joe Ashton
Mr David Rendel

Page 1, line 5 [Clause 1], at the beginning insert—'Except as provided in subsection (2) of this section'.

Mr Andrew Dismore

Page 1, line 5 [Clause 1] leave out 'unlawful' and insert 'an offence'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 5 [Clause 1], leave out 'person' and insert 'doctor covered by a code of professional conduct.'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 5 [Clause 1], after 'person', insert 'directly'.

Mr Andrew Miller

Page 1, line 5 [Clause 1], leave out 'responsible' and insert 'with direct responsibility'.

Mr Andrew Dismore
Mr David Rendel

Page 1, line 5 [Clause 1], leave out 'responsible' and insert 'with clinical responsibility'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 5 [Clause 1], after 'the', insert 'medical and nursing'.

Dr Howard Stoate

Page 1, line 5 [Clause 1] after 'the', insert 'medical'.

Mr Frank Doran
Mr David Rendel

Page 1, line 5 [Clause 1], after 'to', insert 'unreasonably'.

Mr John Healey
Mr David Rendel

Page 1, line 6 [Clause 1], leave out 'or withhold'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 6 [Clause 1], after 'sustenance', insert ', unless it is burdensome,'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 6 [Clause 1], after 'sustenance', insert ',unless such medical treatment is contrary to the personal religious or ethical beliefs of the patient,'.

Mr Piara S. Khabra

Page 1, line 6 [Clause 1], after 'sustenance', insert 'unless futile'.

Mr Andrew Dismore
Mr David Rendel

Page 1, line 6 [Clause 1], leave out from 'if' to 'the' in line 7 and insert 'he recklessly causes'.

Mr Andrew Miller

Page 1, line 6 [Clause 1], after 'his', insert 'intended'.

Mr Piara S. Khabra

Page 1, line 7 [Clause 1], leave out 'purpose or one of his purposes' and insert 'intention or one of his intentions'.

Mr Andrew Dismore

Page 1, line 7 [Clause 1], leave out 'purpose or one of his purposes' and insert 'intent'.

Julia Drown

Page 1, line 7 [Clause 1], leave out 'purpose or one of his purposes' and insert 'primary purpose'.

Mr Andrew Miller
Mr David Rendel

Page 1, line 7 [Clause 1], leave out 'or one of his purposes'.

Mr Neil Gerrard
Mr David Rendel

Page 1, line 7 [Clause 1], leave out 'hasten or otherwise'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 8 [Clause 1], after 'patient', insert 'except when the patient is in a diagnosed permanent vegetative state.'.

Mr Piara S. Khabra

Page 1, line 8 [Clause 1], after 'patient', insert 'unless agreed by a representative body of medical opinion.'.

Mr Piara S. Khabra
Mr David Rendel

Page 1, line 8 [Clause 1], after 'patient', insert 'without capacity'.

Mr Andrew Miller
Mr David Rendel

Page 1, line 8 [Clause 1], after 'patient', insert 'without the express approval of the High Court'.

Julia Drown

Page 1, line 8 [Clause 1], at end insert 'unless—

(a) he is complying with an informed decision of a competent patient; or

(b) where a patient is not competent, and having taken into account factors including the individual's own moral values, religious or cultural beliefs, any expressed views or preferences which were important to the individual when competent, including the degree, type and likely effectiveness of medical treatment, and the views of people close to the patient, it is the opinion of—

(i) the clinician in charge of the patient's care, and wherever possible

(ii) an independent clinician employed by another organisation;

that the treatment would be too burdensome or not appropriate.'.

Mr Andrew Miller

Page 1, line 8 [Clause 1], at end insert—

'(2) No case determined under this Act shall create a legal precedent.'.

Mr John Healey
Mr David Rendel

Page 1, line 8 [Clause 1], at end insert—

'(2) The withdrawal or witholding of medical treatment or sustenance shall not be unlawful if the patient in receipt of that treatment has made an advance refusal of treatment in circumstances where it can be reasonably inferred that he intended it to apply.

(3) In this section "an advance refusal of treatment" means a refusal by a person who has attained the age of eighteen years and has the necessary capacity to consent to or refuse 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 consent.

(4) 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.

(5) Nothwithstanding that a patient has made an advance refusal of treatment, it shall not preclude:—

(a) the provision for the person who made it of basic care, or care to maintain bodily cleanliness and to alleviate severe pain and the provision of direct oral nutrition and hydration;

(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.

(6) The Court may determine any question as to the meaning or effect of a continuing advance refusal of treatment or as whether the donor had the capacity to create it.

(7) In this section "the Court" means such court specified by the Lord Chancellor by Order.

(8) The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.'.

Mr Joe Ashton
Mr David Rendel

Page 1, line 8 [Clause 1], at end insert—

'(2) The withdrawal or withholding of medical treatment or sustenance in clause 1(1) above shall not be unlawful if approval to the withdrawal or withholding of medical treatment or sustenance is given by the Court.

(3) In this Act, "the Court" means such court as may be specified by the Lord Chancellor by Order.

(4) The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.'.