Clause 30 - Research
Mental Capacity Bill
4:30 pm
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
I am grateful to the hon. Gentleman because that allows me to move to my final point. The I Decide coalition has drawn hon. Members' attention to the judgment last year in respect of JS v. An NHS Trust and JA v. An NHS Trust. I want to quote from the judgment because it raises an interesting issue about real and direct benefit:
''It was in the best interests of the patients that the treatment be carried out. Although there was only a slight chance that the treatment would result in an improvement in the teenagers' condition, and there was no chance that the treatment could lead to recovery, both teenagers had lives worth preserving and any treatment that might be beneficial would be of value to them. A reduced enjoyment of life even at quite a low level was to be respected and protected, and even the prospect of a slightly longer life was a benefit worth having for these patients.''
I guess that the dilemma is whether research that will have not even the slightest chance of providing a benefit for the individual should be authorised. Some of the research that I referred to earlier clearly could be in that category.