Clause 33 - Additional safeguards
Mental Capacity Bill
10:15 am
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
Again, I sympathise with the concern of my right hon. Friend the Member for Coatbridge and Chryston to ensure that someone's wishes about participating in research that were set out when the person had capacity should be taken into account when that person lacks capacity and certainly before a researcher involved that person in some form of research project. However, I cannot be so accommodating with the amendment as I have been with other proposals. One of the problems with the amendment is that, in some senses, it is unnecessary because clauses 32(2) and (6) make it clear that a researcher must take reasonable steps to identify someone who, other than in a professional capacity or for remuneration, is engaged in caring for P and consult that person on P's participation.
Clause 32(6) makes it clear that that person could be an attorney, which means it is already clear that, if P wished his attorney to be consulted on participation in research, that should happen. The amendment has mistaken the reason for an LPA. In making an LPA, a person is not necessarily setting out his wishes or feelings, but giving another person the authority to make specified decisions on his behalf and to give substitute consent. If someone wished to set out his feelings and wishes about research, an advance statement would be the appropriate place to do that.