Vote Bundle Text (941210-02)

Amendments proposed to the Mental Capacity Bill, As Amended - continued	House of Commons

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Effect of advance statements

Mr Paul Burstow

NC8

*To move the following Clause:—

'(1) If P has made an advance statement which is—

(a)	valid, and

(b)	applicable to care or treatment,

the preferences expressed in the advance statement have effect as if he had made them, and had had capacity to make them, at the time when the question arises whether the care or treatment should be carried out or continued.

(2) A person does not incur liability for carrying out or continuing the care or treatment unless, at the time, he is satisfied that an advance statement exists which is valid and applicable to the care or treatment.

(3) A person does not incur liability for the consequences of withholding or withdrawing care or treatment from P if, at the time, he reasonably believes that an advance statement exists which is valid and applicable to the care and treatment.

(4) The court may make a declaration as to whether an advance statement—

(a)

exists;

(b)

is valid;

(c)	is applicable to the care or treatment;

(d)	is reasonable.

(5) Nothing in an apparent advance statement stops a person—

(a)	providing life-sustaining treatment, or

(b)	doing any act he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court.

(6) If, in respect of P, who has made and not withdrawn an advance statement—

(a)	a health or social care professional makes a decision which conflicts with the wishes specified in the advance statement;

(b)	a relevant authority fails to give the care or treatment which P has requested in his advance statement,

the relevant authority shall comply with the requirements set out in subsection (7) below.

(7) Those requirements are—

(a)	recording in writing the circumstances in which the care or treatment was authorised, given or made or, as the case may be, not authorised, given or made, and the reasons why;

(b)	supplying—

(i)	the person who made the statement;

(ii)	the person's lasting power of attorney;

(iii)

that person's court-appointed deputy,

with a copy of that record; and

(c)	placing a copy of that record with P's medical or social care records.'.

Mr Paul Burstow

*Page 1 line 16 [Clause 1], at end add—

'(7) An act done, or decision made under this Act by any person acting in a professional capacity, or for remuneration, for or on behalf of a person who lacks capacity must:

(a)	not be done in a way that is less favourable than the way in which it would be done or made for, or on behalf of any other person who lacks capacity, or for a person who had capacity, in a comparable situation,

(b)	be done without prejudice to the person's age, sex, sexual orientation, disability, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.'.

Mr David Lammy
Ms Rosie Winterton

Page 2, line 25 [Clause 3], at end insert—

'( ) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand a general explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).'.

Mr David Lammy
Ms Rosie Winterton

Page 2, line 35 [Clause 4], leave out 'circumstances appearing to him to be relevant' and insert 'relevant circumstances'.

Mr Iain Duncan Smith
Jim Dobbin
Mrs Claire Curtis-Thomas
Ann Winterton
Mr Paul Burstow
Dr Brian Iddon

Geraldine Smith Mr David Drew Denzil Davies

Mr David Lidington Mr David Amess Mr Roger Gale

Angela Watkinson Mr Desmond Swayne Sir Sydney Chapman

Mr Peter Kilfoyle Mr John Cummings Mr Tony Colman

Mr Frank Field Mr Gary Streeter Mr David Marshall

Mr Eric Forth Mr Damian Green Sir Nicholas Winterton

Mr Bill Olner Mr Marsha Singh Sir Patrick Cormack

Mr Tim Boswell Sir Gerald Kaufman Mr Gerald Howarth

Mr Andrew Turner

Page 2, line 41 [Clause 4], at end insert—

'(3A) Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'.

Tony Wright
Mr Paul Burstow

Page 3 line 3 [Clause 4], after 'him', insert—

'(4A) This must include the provision of communication support appropriate to the person, in particular in relation to the matters mentioned in section 4(5).'.

Mr George Howarth
Mrs Angela Browning
Dr John Pugh
Dr Howard Stoate
Mr Stephen Pound
Mr Khalid Mahmood

Mrs Betty Williams Mr Dennis Turner Mr Andrew Turner

Page 3, line 3 [Clause 4], at end insert—

'(4A) He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'.

As an Amendment to Mr George Howarth's proposed Amendment (No. 2) (Page 3, line 3, [Clause 4])—

Mr David Lammy
Ms Rosie Winterton

(a)

Line 2, leave out 'best'.

Mr David Lammy
Ms Rosie Winterton

Page 3, line 27 [Clause 4], at end insert—

' ( ) "Relevant circumstances" are those—

(a)	of which the person making the determination is aware, and

(b)	which it would be reasonable to regard as relevant.'.

As an Amendment to Mr David Lammy's proposed Amendment (No. 5) (Page 3, line 27 [Clause 4])—

Mr Tim Boswell
Mr Dominic Grieve

(a)

Line 2, after 'determination', insert 'acting with due diligence'.

Mr David Lammy
Ms Rosie Winterton

Page 3, line 27 [Clause 4], at end insert—

'(8A) "Life-sustaining treatment" means treatment which in the view of a person providing health care for the person concerned is necessary to sustain his life.'.

Mr David Lammy
Ms Rosie Winterton

Page 4, line 23 [Clause 6], leave out subsection (7).

Mr Tim Boswell
Mr Dominic Grieve

Page 4, line 23 [Clause 6], after 'person', insert 'or persons'.

Mr Tim Boswell
Mr Dominic Grieve

Page 5, line 25 [Clause 9], at end add—

'(c)	any restrictions or conditions subsequently imposed by the Court of Protection.'.

Mr David Lammy
Ms Rosie Winterton

Page 8, line 26 [Clause 14], leave out 'events, facts or'.

Dr Brian Iddon
Mr Kerry Pollard
Jim Dobbin
Mr Iain Duncan Smith
Ann Winterton

Page 14, line 10, leave out Clause 24.

Mr Paul Burstow

*Page 14 line 23 [Clause 24], at end add—

'(4) An advance decision shall normally be recorded in writing and witnessed by a third party.'.

Mr Tim Boswell
Mr Dominic Grieve

Page 15, line 5 [Clause 25], at end insert 'and it was explained to P before reaching his decision that the withdrawal of the treatment in question might include the withdrawal of artificial nutrition and hydration.'.

Mr David Lammy
Ms Rosie Winterton

Page 17, line 15 [Clause 31], after 'to', insert ', or causes or contributes to,'.

Mr Tim Boswell
Mr Dominic Grieve

Page 17, line 24 [Clause 31], at end insert—

'(c)	be in the best interests of P.'.

Mr David Lammy
Ms Rosie Winterton

Page 18, line 16 [Clause 32], leave out from 'project' to end of line 17 and insert ', that he is withdrawn from it.'.

Mr David Lammy
Ms Rosie Winterton

Page 18, line 17 [Clause 32], at end insert—

'( ) But subsection (5)(b) does not require treatment that P has been receiving as part of the project to be discontinued if R has reasonable grounds for believing that there would be a significant risk to P's health if it were discontinued.'.

Mr Tim Boswell
Mr Dominic Grieve

Page 18, line 18 [Clause 32], leave out 'or is P's deputy.'.

Mr David Lammy
Ms Rosie Winterton

Page 18, line 21 [Clause 32], leave out subsections (7) and (8).

Mr David Lammy
Ms Rosie Winterton

Page 18, line 26 [Clause 32], after 'if', insert 'treatment is being, or is about to be, provided for P as a matter of urgency and'.

Mr David Lammy
Ms Rosie Winterton

Page 18, line 28 [Clause 32], after 'is', insert 'also'.

Mr David Lammy
Ms Rosie Winterton

Page 19, line 3 [Clause 33], after 'to', insert '—

(i) '.