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Mental Capacity Bill

Part of the debate – in the House of Lords at 8:30 pm on 1st February 2005.

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Photo of Earl Howe Earl Howe Shadow Minister, Family, Shadow Minister, Health 8:30 pm, 1st February 2005

moved Amendment No. 128:

After Clause 33, insert the following new clause—


An action carried out on or in relation to a person who lacks capacity to consent to it ("P"), notwithstanding that the action may not be in his best interests, is lawful if and only if in the opinion of two registered medical practitioners—

(a) the action has the potential to avert the death of, or serious illness in, another person;

(b) there are reasonable grounds for believing that the risk to P in performing the action will be negligible;

(c) anything done to P will not interfere with P's freedom of action or privacy in a significant way or be unduly invasive or restrictive."