NOTICES OF AMENDMENTS
given up to and including
Wednesday 19th July 2000
CONSIDERATION OF BILL
MEDICAL TREATMENT (PREVENTION OF EUTHANASIA) BILL, AS AMENDED
A Clause (Consent of the Director of Public Prosecutions)—(Mr Andrew Dismore)—brought up, and read the first time, as follows:—
'No prosecution under this Act shall be brought without the prior consent of the Director of Public Prosecutions.'.
Motion made, and Question proposed, That the Clause be read a second time.
NEW CLAUSES
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.'.
Defence of previous declaration by patient
Mr Neil Gerrard
Mr Joe Ashton
NC19
To move the following Clause:—
'It shall be a defence to a prosecution under this Act if the patient, whilst of sound mind and body had previously stated in writing witnessed by not less than two other persons excluding the defendant that he did not wish treatment to be continued or instituted in the circumstances set out in section 1.'.
Concealing or destroying advance refusal of treatment
Dr Alan Whitehead
Mr David Rendel
Mr Joe Ashton
NC20
To move the following Clause:—
'.—(1) It is an offence for a person with intent to deceive, to conceal or destroy a written advance refusal of treatment made by another person.
(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.'.
Concealing or destroying advance refusal of treatment (No. 2)
Mr John Healey
NC21
To move the following Clause:—
'.—(1) It is an offence for a person with intent to deceive, to conceal or destroy a written advance refusal of treatment made by another person.
(2) A person guilty of an offence under this section shall be liable to a term of imprisonment not exceeding two years on indictment or six months on summary conviction.'.
Wishes of nominated representatives
Mr Kevin Barron
Mr David Rendel
Mr Joe Ashton
NC22
To move the following Clause:—
'.—It shall be a defence to a prosecution under this Act for the defendant to show he acted in accordance with the wishes of two adults of full legal capacity not responsible for the clinical care of the patient nominated in writing by that patient when of full legal capacity to take decisions on his behalf as to his future treatment.'.
Guidance given by the High Court
Mr Joe Ashton
NC23
To move the following Clause:—
'.—It shall be a defence to a prosecution under this Act if the defendant can show he was acting in accordance with guidance given by the High Court.'.
Guidance of professional body
Dr Howard Stoate
Mr David Rendel
NC24
To move the following Clause:—
'.—It shall be a defence to a prosecution under this Act if the defendant can show he was acting in accordance with the guidance issued by his professional body at the time of the acts or omissions complained of.'.
Code of practice
Dr Alan Whitehead
Mr David Rendel
NC25
To move the following Clause:—
'.—(1) The Secretary of State shall prepare and from time to time revise a code or codes of practice for the guidance of persons responsible for the care of a patient;
with respect to the matters concerned with section 1 of this Act as he thinks fit.
(2) Before preparing a code under this section or revising such a code the Secretary of State shall consult such persons as he thinks appropriate and may delegate the preparation of the whole or any part of any code so far as he considers expedient.
(3) The Secretary of State shall publish any code under this section as for the time being in force and lay copies of it before Parliament.
(4) It shall be the duty of any person responsible for the care of a patient to have regard to any relevant code in force under this section if he is acting in a professional capacity or for remuneration.
(5) The provisions of any code in force under this section shall be admissible in evidence in any civil or criminal proceedings and may be taken into account by the court if it considers them relevant in determining any question arising in the proceedings.'.
