Orders of the Day — Mental Capacity Bill

Part of the debate – in the House of Commons at 3:34 pm on 11 October 2004.

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Photo of David Lammy David Lammy Parliamentary Under-Secretary (Department for Constitutional Affairs) 3:34, 11 October 2004

I am grateful to my hon. Friend. That is why I laid out the terms under which the advance decision would be considered. It would have to be valid and applicable. There is also a presumption that the doctor has to be satisfied, as stated in clause 26.

The last issue that I wish to discuss is involvement in research. The Joint Committee explicitly recommended that we cover research in the Bill, otherwise people without mental capacity would be denied its benefits and the legal criteria for research would remain unclear. I assure the House that the Bill's provisions are designed to ensure that research does not leave people who lack mental capacity open to exploitation or abuse.

We therefore propose that research should be allowed subject to strict controls. Any research must have the potential to benefit the person without mental capacity, without imposing a disproportionate burden, or must be intended to provide knowledge of the causes of a condition or of the treatment and care of people affected by the same or a similar condition, but with negligible risk or intrusion. In either case, the researcher must consult someone who cares for the participant about his participation in the project.