Clause 33 - Additional safeguards
Mental Capacity Bill
10:15 am
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
The Bill makes it clear that an advance decision to say that someone did not want to participate in research has to be respected. It allows for attorneys to be consulted as part of the process, but clearly to give an attorney powers in respect of research, without safeguards, might remove some safeguards from the incapacitated person's participation because the decision would be a substitute decision made as though by a person with capacity. We understand the concern to ensure that an attorney should be fully consulted when appropriate, which relates to our previous discussion. As I said, the
Bill already requires that the attorney should be consulted—a fact that we shall reiterate in further guidance.
As for the point made by the hon. Member for Sutton and Cheam about advance decisions under the Bill, a clause states that the wishes in advance decisions about research must be respected. We want to ensure that there is flexibility for an individual to be able to reflect on what P might have wanted in those circumstances. There is the ability to state wishes and feelings in advance decisions. We want to retain that flexibility, but also to be able to take full account of the wishes and feelings of the individual, although it will not necessarily always be through an LPA that those wishes and feelings are reflected.
I hope that my right hon. Friend the Member for Coatbridge and Chryston accepts our concern that we do not want to bypass some safeguards in the Bill by allowing substitute consent in respect of research. I ask him to withdraw the amendment.