Clause 4 — Best interests

Orders of the Day — Mental Capacity Bill – in the House of Commons at 5:30 pm on 14th December 2004.

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Votes in this debate

Amendment made: No. 4, in page 2, line 35, leave out

'circumstances appearing to him to be relevant'

and insert 'relevant circumstances'.—[Mr. Jim Murphy.]

Amendment proposed: No. 1, in page 2, line 41, at end insert—

'(3A) Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'.—[Mr. Duncan Smith.]

Question put, That the amendment be made:—

The House divided: Ayes 174, Noes 326.

Division number 14 Orders of the Day — Mental Capacity Bill — Clause 4 — Best interests

Aye: 174 MPs

No: 326 MPs

Ayes: A-Z by last name


Nos: A-Z by last name


Question accordingly negatived.

Amendment proposed: No. 2, in page 3, line 3, at end insert—

'(4A) He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'.—[Mr. George Howarth.]

Amendment proposed to the proposed amendment: (a) in line 2, leave out 'best'.—[Mr. Jim Murphy.]

Question, That the amendment be made, put and agreed to.

Amendment, as amended, agreed to.