Clause 24 - Advance decisions to refuse treatment: general
Mental Capacity Bill
11:15 am
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
I am grateful to the Minister for that, but the reality is that there are two ways of making law. This place is one of the ways in which we make law. If one accepts the argument that this is already a matter for common law, we do not need any of these clauses because common law already deals with advance decisions to refuse treatment. I cannot buy the argument that common law is advancing and evolving, so we do not need to encompass the issue of written direction in terms of treatment.
I also fear that the Minister has prayed in aid the Joint Committee's report on a number of occasions during our deliberations. That report is an important examination of the draft Bill and the Committee spent considerable time on its questioning of witnesses on the issue of advance directions, but it came to clear conclusions that have not been encompassed in the Bill or the clause. For that reason, I want to raise my concern that at the end of this we will have a clause and a Bill that have not been improved and do not address my concerns or those of my hon. Friend. As a result, this process will not have a satisfactory outcome.
It being twenty-five minutes past Eleven o'clock, The Chairman proceeded, pursuant to Sessional Order D [6 November 2003] and the Order of the Committee [19 October], as amended, [26 October], to put forthwith the Question already proposed from the Chair.
Question agreed to.
Clause 24 ordered to stand part of the Bill.
The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.
Clauses 25 to 27 ordered to stand part of the Bill.
Adjourned till this day at half-past Two o'clock.