Amendment Paper as at
Tuesday 5th April 2005
CONSIDERATION OF LORDS AMENDMENTS
New Amendments handed in are marked thus *
MENTAL CAPACITY BILL
On Consideration of Lords Amendments to the Mental Capacity Bill
Lords Amendment No. 1
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 5, at end insert—
| '(c) | a lack of capacity which is, or appears to be, purely temporary.'. |
Lords Amendment No. 3
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 6, at end insert—
| '(c) | a lack of capacity which is, or appears to be, purely temporary.'. |
Lords Amendment No. 4
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 2, leave out subsection (5) and insert—
'(5) Where the determination relates to life-sustaining treatment he must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about his death. Moreover,
| (a) | nothing in this act permits or authorises any decision made with a purpose of bringing about the death of a person; and |
| (b) | where a decision is made for a purpose or purposes not including the purpose mentioned in (a), it is not within (a) even if made with the belief that it will bring about P's death.'. |
Mr Iain Duncan Smith
(b)
*Line 2, leave out subsection (5) and insert—
'(5) Where the determination relates to life-sustaining treatment he must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about his death. Moreover,
| (a) | nothing in this act permits or authorises any decision made with a purpose of bringing about the death of a person; and |
| (b) | where a decision is made for a purpose or purposes not including the purpose mentioned in (a), it is not within (a) even if made with the belief that it will bring about P's death .'. |
Mr Iain Duncan Smith
(c)
*Line 4, at end add—
'(5A) Moreover, nothing in this Act permits or authorises a decision to withdraw or withhold from any person ("P") life-sustaining treatment, nutrition or hydration, howsoever provided, save where the provision thereof would itself cause harm or burden to P greater than the harm P would suffer if the life-sustaining treatment, nutrition or hydration were not provided.'.
Mr Iain Duncan Smith
(d)
*Line 4, at end add—
'(5A) Moreover, nothing in this Act permits or authorises a decision to withdraw or withold from any person ("P") nutrition or hydration, howsoever provided, save where the provision thereof would itself cause harm or burden to P greater than the harm P would suffer if the nutrition or hydration were not provided.'.
Mr Iain Duncan Smith
(e)
*Line 4, at end add—
'(5A) Nothing in this Act permits or authorises any decision made with a purpose of bringing about the death of a person, although that does not include a mere belief that death may be the result of any decision made without that purpose.'.
Lords Amendment No. 7
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 4, at end insert—
'( ) For the purposes of this section D will be taken to have restrained P wrongly and for a purpose other than to prevent harm to P if the act is done with any purpose of bringing about P's death.'.
Lords Amendment No. 9
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 3, at end insert 'but
| (d) | may not appoint anyone to make any decision to consent to the withdrawing or withholding of life-sustaining treatment or of nutrition and hydration, howsoever delivered.'. |
Lords Amendment No. 11
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 4, at end insert—
'( ) For the purposes of this section, the donee will be taken to have restrained P wrongly and for a purpose other than to prevent harm to P if the act is done with any purpose of bringing about P's death.'.
Lords Amendment No. 13
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 1, at end insert 'save that no donee shall make any decisions affecting P's medical treatment until the interim bankruptcy restrictions order has been discharged, annulled or otherwise withdrawn.'.
Lords Amendment No. 15
As Amendments to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 3, at end insert 'save that no such orders or directions shall, together with the order appointing the deputy, lapse after a period of 6 months unless renewed by further order of the court and the court shall consider anew the principles set out in (4) above.'.
Mr Iain Duncan Smith
(b)
*Line 3, at end insert 'save that no such orders or directions shall, together with the order appointing the deputy, lapse after a period of 8 months unless renewed by further order of the court and the court shall consider anew the principles set out in (4) above.'.
Mr Iain Duncan Smith
(c)
*Line 3, at end insert 'save that no such orders or directions shall, together with the order appointing the deputy, lapse after a period of 12 months unless renewed by further order of the court and the court shall consider anew the principles set out in (4) above.'.
Lords Amendment No. 16
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 3, at end insert 'save that no deputy or deputies appointed shall have any financial interest in P's estate.'.
Lords Amendment No. 19
As an Amendment to the Lord Amendment:—
Mr Iain Duncan Smith
(a)
*Line 4, at end insert 'and any deputy so doing shall be removed from his appointment unless the court considers that, in all the circumstances, that is unnecessary for the protection of P.'.
Lords Amendment No. 21
As an Amendment to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 1, at end insert 'and the court shall have the discretion to overrule the decision of the lasting attorney if, in the view of the court, that decision is not in either the clinical or general best interests of P.'.
Lords Amendment No. 23
As Amendments to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 2, at end insert 'and for that purpose P shall be taken to revoke his advance decision 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 Iain Duncan Smith
(b)
*Line 4, at end insert—
'(6) P shall be taken to revoke or amend his advance decision howsoever he indicates that revocation or amendment, 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 or the invalidity of the amendments.'.
Lords Amendment No. 24
As Amendments to the Lords Amendment:—
Mr Iain Duncan Smith
(a)
*Line 3, after 'sections', insert '30, 32, 34,'.
Jim Dobbin
Mrs Claire Curtis-Thomas
Mr Joe Benton
Mr Hilton Dawson
Mr David Drew
Mr Brian Iddon
'(4) Regulations may not permit an independent mental capacity advocate to authorise the withdrawing or withholding of food or hydration, howsoever provided, in circumstances where P is not imminently dying and where the reasonably foreseeable result of such withdrawal is the death of P.'.
'(4) Regulations may not permit an independent mental capacity advocate to authorise the withdrawing or withholding of any treatment, in circumstances where the treatment is not unduly burdensome, P is not imminently dying and where the reasonably foreseeable result of such withdrawing or withholding is the death of P.'.
'(4) In particular, regulations must require that, in circumstances in which it is proposed to withdraw or withhold any treatment to someone who is not imminently dying and where the reasonably foreseeable result of such withdrawing or withholding is the death of P, the independent mental capacity advocate refers the matter to the Court of Protection.'.
