Mental Capacity Bill

Part of the debate – in the House of Lords at 5:00 pm on 24 March 2005.

Alert me about debates like this

Photo of Lord Alton of Liverpool Lord Alton of Liverpool Crossbench 5:00, 24 March 2005

My Lords, I take the point that the noble Baroness, Lady Hayman, is making. She is right to say that such things cut both ways, but it is precisely because of that that I want to see such a provision in the Bill. It would safeguard against the abuses that can occur, particularly where the advance decision is suicidally motivated. The amendment is about that specific set of circumstances.

If the advance decision is suicidally motivated, it will have a purpose to bring about death, and the patient may no longer wish that. It is important that the House is clear about what the Bill will do in those circumstances. Since the patient will die, contrary to his contemporaneous but incommunicable will, it will be the final act.

It is hard, therefore, to imagine a situation where the patient's autonomy is more radically undermined and defeated. It is hard also if the advance decision is permitted to forbid life-sustaining treatment, hydration or nutrition. The patient may then needlessly die, and, in the case of foods and fluids, inevitably die, contrary to his current but incommunicable will.

The amendment would therefore resolve that issue. It makes a clear, straightforward and relatively short point, but without it, the Bill would continue to permit that situation and, to use the language of the Bill, the patient's autonomy will be radically undermined fatally and permanently. Nobody would wish for such a tragic outcome. I beg to move.