Clause 50 - Specimens taken from persons incapable of consenting
Police Reform Bill [Lords]
5:45 pm
Mr James Paice (South East Cambridgeshire, Conservative)
I am grateful to the Minister for his explanation, but I am not yet convinced of his argument. Clause 50(2)(a) states that a request
''shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned''.
Although the hon. Gentleman said that the practitioner to whom the request was made may decline to do so, it seems self-evident that that person will be a different individual from the medical practitioner who is in clinical charge of the patient. He or she cannot be asked to take a sample, but somebody else can. The other person may decline to do it, but my point is that the person in charge of the patient should take the ultimate decision.