Controversial Mental Capacity Bill returns to the Commons
MPs will today get their chance to debate the Government’s Mental Capacity Bill.
Supporters say that the bill will clarify the rights and treatment of those lacking mental capacity or suffering severe illness, but critics say that it would legalise euthanasia by the backdoor.
The bill would protect vulnerable people by clarifying who would have decision-making powers in a variety of situations. It would also give legal recognition to ‘living wills’ allowing a person to make decisions over their care in advance of a loss of mental capacity.
An individual could also grant a representative power of attorney in the event that they lose the mental capacity to make health, welfare and other decisions in the future.
Ministers insist that the current law on assisted suicide, murder and manslaughter will not be changed at all by the bill.
But opponents are concerned that it could lead to doctors withholding treatment such as fluid and food and leading to death by omission. Some are concerned that doctors may be obliged under the terms of the living wills to take such actions even if they believe it is inappropriate. Others are also concerned that individuals could be pressured by family and friends to make an order to withhold treatment despite their true wishes.
The power of those granted power of attorney to perhaps order doctors to withdraw treatment is also of concern to moderate MPs.
A number of amendments have been tabled to the bill, including one by Labour MP George Howarth which aims to make preservation of life the main assumption when a third party is involved and one by former Conservative leader Iain Duncan Smith, which aims doctors from taking any action which could lead to the end of the patient’s life.
Currently Labour MPs will be whipped to vote for the bill, angering those who believe that there should be a free vote as the issue is one of conscience. But the Government insists that the bill is not about euthanasia, so is not an issue of conscience.
Speaking ahead of the debate, the Liberal Democrat health spokesman Paul Burstow, said: “The current law is confusing and does not provide sufficient protection for people lacking the capacity to make decisions.
“Doctors can administer drugs or withdraw treatment with the purpose of alleviating suffering but not with the purpose of hastening death. Decisions about withdrawing treatment should be a matter for the courts to decide on a case by case basis.”
