§ Mr. GardinerTo ask the Parliamentary Secretary, Department for Constitutional Affairs if he will bring forward proposals in the draft Mental Incapacity Bill to prevent(a) medical staff and (b) carers from withholding care to people who are mentally incapacitated.[136625]
§ Mr. LammyThe Draft Mental Incapacity Bill establishes a framework under which decisions can be made on behalf of adults who lack capacity. The Bill contains a requirement that all decisions must be made in the best interests of the person. The current law is that, in certain circumstances, care that involves the provision of medical treatment may be withheld by medical staff if this is in the best interests of the person because the continuation of such care would serve no beneficial purpose and would be burdensome. The Bill would not change this. However the Bill adds a new safeguard of a criminal offence of ill-treatment and neglect. This would mean that wilfully neglecting someone by withholding care could lead to prosecution.
§ Mr. GardinerTo ask the Parliamentary Secretary, Department for Constitutional Affairs what discussions his Department has had with(a) charities, (b) religious groups, (c) legal professionals and (d) medical professionals about provisions on the withholding of care in the draft Mental Incapacity Bill. [136659]
§ Mr. LammyMy Department has had a large number of discussions with a wide range of stakeholders on all aspects of the draft Bill and we set up a Consultative Forum in September 2002 to facilitate this. We have engaged with a number of lay and religious groups, for example Alert and CARE, in order to learn more about their views on healthcare decision-making, including the circumstances in which medical treatment is withdrawn 279W or withheld. We have also similarly engaged with legal and medical professional organisations, including the Law Society and the British Medical Association. We are committed to maintaining contact with these and other groups with an interest in the draft Bill.