Vote Bundle Text (941214-02)

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(6) If, in respect of P, who has made and not withdrawn an advance statement—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

'(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

Mr Andrew Hunter Mr Michael Mates Mr William Cash

Mr Peter Luff Mr Paul Goodman Mr David Wilshire

Mr Peter Lilley Mr David Atkinson Mr James Gray

Frank Cook Mr Nigel Evans Bob Spink

Derek Conway Mr Terry Lewis Mr Alan Meale

Sir Teddy Taylor Mr Quentin Davies

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], at end 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

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 Iain Duncan Smith

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

'(8A) Nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.

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 Iain Duncan Smith

*Page 5, line 11 [Clause 9], at end insert 'save that where a decision is made under (a) above that decision shall not be valid if it requires any person to withdrawn or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.

Mr Iain Duncan Smith

*Page 5, line 25 [Clause 9], at end insert '; and

(c)	the priviso that nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P'.

Mr Tim Boswell
Mr Dominic Grieve

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

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

Mr Iain Duncan Smith

*Page 6 [Clause 11], leave out lines 37 and 38.

Mr Iain Duncan Smith

*Page 6, line 38 [Clause 11], at end insert—

'(c)	nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.

Mr Iain Duncan Smith

*Page 7, line 26 [Clause 13], at end insert 'and for that purpose P shall be taken to revoke the power howsoever he indicates that revocation, whether orally or by signs or in some other manner and the burden of proof shall be upon those who seek to establish the existence and continued validity and applicability of the power.'.

Mr David Lammy
Ms Rosie Winterton

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

Mr Iain Duncan Smith

*Page 10, line 13 [Clause 17], at end insert '; and provided that nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.

Mr Iain Duncan Smith

*Page 10 [Clause 17], leave out lines 12 to 16.

Mr Iain Duncan Smith

*Page 10, line 13 [Clause 17], at end insert 'with the proviso that any such decision shall not be valid if it requires any person to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.