Clause 1 - The Principles
Mental Capacity Bill
11:15 am
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
Characteristically, the Minister is explaining the issue helpfully. If I hear him right, he has just explained what I thought was the case and may have to be the case; when capacity is lacking, the best interests principle kicks in as the superior principle. Obviously, if a doctor or any other person felt that something was contrary to the best interests of the patient, they would make a decision on that basis, notwithstanding whatever had been said in the advance decision. Of course they would pay regard to that, particularly if the decision was finely balanced, but they would not allow it to prevail if they judged otherwise.